You earned that money. And your employer knows it.
California Wage Theft Attorney
You’ve been showing up, putting in the hours, and doing the work. If your employer isn’t paying you what you’re owed, that’s not a payroll error. It may be wage theft.
Wage theft is one of the most common employment law violations in California, and one of the most underreported. Employees often assume that a missing meal break premium or an unpaid overtime hour is just a mistake, something that will get corrected on the next check. Sometimes it is. But when those violations are repeated, undocumented, or part of a broader pattern of how an employer handles pay, they may rise to the level of something the law takes very seriously.
California has some of the strictest wage and hour laws in the country. Employees are entitled to minimum wage, overtime pay, proper meal and rest breaks, accurate wage statements, and reimbursement for necessary expenses. When an employer fails to provide any of those things, an employee may have a legal claim, and the recovery available under California law goes further than most employees realize.
If something about the way you’ve been paid hasn’t felt right, that feeling is worth exploring.
What Wage Theft Actually Means in California
Wage theft covers a wider range of conduct than most employees realize. The most common violations we see involve meal and rest break violations, failure to pay wages due on termination, failure to provide sick pay, inaccurate or missing wage statements, and failure to reimburse employees for necessary expenses incurred on behalf of the employer.
There’s also an important distinction between an honest payroll mistake and an illegal violation. A single missed meal break premium that gets corrected is different from a pattern of unpaid overtime, minimum wage violations, or undocumented meal breaks that were never provided in the first place. The pattern is what we look at.
California law is specific about when and how employees must be paid. Wages due on termination must be paid on the day of termination. Overtime kicks in when an employee works more than eight hours in a day or more than 40 hours in a week, at a rate of time and a half. And if an employer is requiring employees to cover business expenses out of pocket without reimbursement, that may be a violation of the California Labor Code as well.
Meal and Rest Break Violations in California
Meal and rest break violations are among the most common wage and hour claims we see, and employees often don’t realize they have a right to enforce them.
California law entitles every employee to a rest break every four hours, or major fraction thereof. That means a ten minute break near the beginning of the shift and another near the end. When an employer has no documentation showing those breaks were provided, there’s a presumption under California law that they weren’t.
Meal break violations work a little differently. California law requires that employees receive a 30 minute uninterrupted meal period before the end of the fifth hour of their shift. An employee who is pulled away from their lunch to handle a task, answer a question, or cover for a coworker hasn’t actually received the meal period they’re entitled to, even if the time card shows otherwise. When an employer isn’t properly documenting and clocking meal breaks, or when employees are regularly being interrupted during those periods, that’s a violation worth examining.
Common Wage and Hour Violations
Unpaid Overtime
California law requires overtime pay at a rate of time and a half for any hours worked over eight in a day or 40 in a week. Failing to pay overtime is one of the most common wage violations we see.
Meal Break Violations
Employees are entitled to a 30 minute uninterrupted meal period before the end of their fifth hour of work. Interrupted or undocumented meal breaks may constitute a violation.
Rest Break Violations
Every employee is entitled to a ten minute rest break for every four hours worked. An employer with no documentation showing those breaks were provided may be in violation of California law.
Failure to Pay Wages on Termination
Wages due on termination must be paid on the day of termination. Withholding those wages is a serious violation under the California Labor Code.
Inaccurate or Missing Wage Statements
California law requires employers to provide itemized written wage statements with every paycheck. Inaccurate or missing statements may be a violation.
Failure to Reimburse Business Expenses
Employees who cover necessary business expenses out of pocket are entitled to reimbursement. Failing to provide that reimbursement may entitle an employee to recover those costs plus attorney fees.
What Is Employee Misclassification?
Misclassification is when an employer labels an employee as an independent contractor, sometimes called a 1099 worker, and uses that classification to avoid providing the protections California law requires. No meal periods. No overtime pay. No worker’s compensation. Sometimes not even minimum wage. And without the proper tax withholdings that employees are entitled to by law.
The label an employer puts on a worker doesn’t determine their legal status. California uses what’s known as the ABC test to determine whether a worker is truly an independent contractor or an employee. In practice, most workers who are classified as independent contractors are actually employees under that test, and their misclassification may entitle them to significant recovery under the California Labor Code.
If you’ve been working for an employer, performing job duties that fall within their regular business, and you’ve been classified as an independent contractor, it’s worth having that classification examined.
“If their employer engaged in wage theft, they’re entitled to their wages plus liquidated damages plus attorney fees.”
-Nancyrose Hernandez
What You Can Recover in a Wage Theft Claim
California law gives employees significant recovery options when an employer has violated wage and hour laws, and most employees don’t realize how far that recovery can reach.
In a wage theft claim, an employee may be entitled to recover their unpaid wages, wait time penalties for up to 30 days for the period they had to wait for payment, liquidated damages, interest on unpaid wages, and attorney fees. Most employment attorneys handle these cases on a contingency basis, meaning they only recover a fee if you do, so pursuing a claim doesn’t require any upfront costs.
Employees who were misclassified as independent contractors may also be entitled to penalties for various labor code violations on top of the wages they were never paid.
California also gives employees the option of filing a claim directly with the Labor Commission, which has its own process for hearing and resolving wage claims. An employment attorney can help you understand which path makes the most sense for your situation.
What to Do if You Think Your Employer Owes You Wages
Documentation is the starting point. Before anything else, gather what you have. Pay stubs, time records, schedules, and any written communications with your employer about your hours or pay. Your pay stubs alone can tell a significant part of the story, showing whether your hours were accurately recorded and whether your pay reflects what you actually worked.
Take a close look at how your employer clocked your time, including meal and rest periods. If your time records don’t accurately reflect the hours you worked or the breaks you were or weren’t provided, that’s worth noting.
The biggest mistake employees make after realizing their wages may have been shorted is not seeking legal advice or filing a claim. California law provides meaningful recovery for wage theft, but employees who wait too long or simply accept what they were paid may lose the ability to pursue what they’re owed.
If you think your employer owes you wages, reach out to an employment attorney. A consultation is typically free, and an attorney can assess your pay stubs, your time records, and your situation to help you understand whether you have a claim worth pursuing.
Frequently Asked Questions
Wage theft is when an employer fails to pay an employee what they’re legally owed under California law. That includes unpaid overtime, missed meal and rest break premiums, failure to pay wages due on termination, missing or inaccurate wage statements, and failure to reimburse necessary business expenses.
Most employment attorneys handle wage and hour cases on a contingency basis, meaning you don’t pay anything upfront. The attorney only recovers a fee if you do. Pursuing a wage theft claim with legal representation doesn’t have to cost you anything out of pocket.
California uses the ABC test to determine whether a worker is truly an independent contractor or an employee. Most workers who are classified as independent contractors are actually employees under that test, and their misclassification may entitle them to significant recovery under the California Labor Code.
No. Meal and rest breaks are mandated by the California Labor Code. An employer who requires employees to work through their breaks, or who fails to document that breaks were provided, may be in violation of California law.
Reporting a wage and hour violation is protected activity under California law. An employer who retaliates against an employee for reporting unpaid wages or filing a wage claim may be facing both a wage theft and a retaliation claim.
What Happened to You Deserves a Closer Look.
You showed up. You did the work. And you’re owed what you earned.
You have rights under California law. You have someone who will listen. And you have more options than you might realize right now.
Reach out today. We’re here to help.