California employment lawyers
Wage and hour
California Wage and Hour Lawyers
Unpaid overtime, missed breaks, wage theft. Run the numbers yourself, then let us price every violation.
Wage Theft Is the Most Common Crime Against California Employees
Two layers of law protect your paycheck: the California Labor Code, and the 17 IWC wage orders that set hours, breaks, and pay rules by industry and occupation. You can find which wage order covers you on the mandatory workplace poster. We represent employees only, never employers.
First, the fear most people carry in the door. Can I be fired for complaining? Labor Code section 98.6 lets the state penalize an employer up to $10,000 per employee for punishing a wage complaint, and a firing soon after your complaint is presumed retaliatory. See retaliation.
What Is Your Employer Taking From You?
Unpaid Overtime
Daily overtime after 8 hours, double time after 12.
Meal and Rest Breaks
One hour of pay per day, per violation type.
Misclassification
Fake contractors and fake managers.
Minimum Wage and Off the Clock
$16.90 state floor in 2026, more in many cities and industries.
Final Paycheck
Up to 30 days of wages for late final pay.
Expense Reimbursement
Phone, internet, mileage, uniforms.
Equal Pay
Up to 6 years of back pay for pay gaps.
Stay or Pay Clauses
Training repayment demands now void under AB 692.
How Violations Stack: A Worked Example
Take an $18 per hour warehouse employee on 9 hour days with no breaks. One unpaid daily overtime hour at $27 is $135 a week. Meal and rest premiums at $36 a day add $180 a week. That is $315 a week, roughly $16,380 a year, and about $49,140 across the three year lookback.
Add waiting time penalties of up to $4,320 after termination, a $144 daily wage times 30 days, and wage statement penalties up to $4,000, and total exposure approaches $57,000 for a single employee.
The point: employees underestimate their claims because they price one violation. Lawyers price all of them. Wage statement penalties come from Labor Code section 226(e), at $50 for the first pay period and $100 for each after, capped at $4,000, plus attorney fees.
Three Ways to Pursue Unpaid Wages
Labor Commissioner (DLSE) Wage Claim
Free, and no lawyer required. A settlement conference, then a Berman hearing, with any appeal heard fresh, de novo, in court. Good for small, simple, solo claims. The limits: no emotional distress damages, slow dockets, and you face the employer’s lawyer alone.
Civil Lawsuit
Full recovery plus 10% interest, one way attorney fees for minimum wage and overtime claims under Labor Code section 1194, and real discovery power. On contingency, so there is no upfront cost and no fee unless we win.
Class Action or PAGA Action
For when the same policy shorts many employees. Under the reformed PAGA you must have personally suffered each violation type you pursue, the statute of limitations is one year, the default penalty is $100 per employee per pay period, with caps of 15% where the employer took all reasonable steps before your notice and 30% where it takes all reasonable steps to comply within 60 days of the notice, and employees keep 35% of penalties. See class action and PAGA.
Not sure which path fits? Three quick questions, how much is at stake, are coworkers affected, and are you still employed, will route you. Try the claim strength calculator.
What Are Unpaid Wage Claims Worth?
Recovery scales with the number of violations, the lookback period, and whether coworkers are affected. Ranges are illustrative. See what decides case value.
Run your own numbers: overtime calculator, break penalty calculator, waiting time calculator.
Deadlines
| Claim type | Deadline |
|---|---|
| Statutory wage claims | 3 years |
| Claims tied to a written contract, or via the UCL | 4 years |
| Oral contract claims | 2 years |
| PAGA penalties | 1 year |
| Waiting time penalties | 3 years |
Estimate What Your Missed Breaks Are Worth
One added hour of pay at your regular rate for every workday with a meal violation, and another for every workday with a rest violation. Put your own numbers in.
What to Do Right Now
- Save every pay stub and schedule, and photograph time records before your access disappears.
- Keep a daily hours log going forward, noting off the clock tasks with times.
- Request your payroll records in writing under Labor Code 226(b).
- Do not accept “we will fix it going forward” as payment for the past.
- Run the calculator and start the free case review.
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
Frequently Asked Questions
Can I Be Fired for Claiming Unpaid Wages?
That is retaliation under Labor Code 98.6, with a 90 day presumption under SB 497. See retaliation.
Do I Have a Claim If I Agreed to Work Off the Clock?
Yes. Wage rights are non waivable, so your agreement is no defense.
I was paid in cash. Do I have a claim?
Yes. Employees paid in cash keep full rights, and hours can be reconstructed from other records.
My employer says I am a contractor. Do wage laws still cover me?
Often yes. See misclassification.
Labor Commissioner or Lawsuit, Which Is Better for Me?
It depends on the size and complexity of your claim and whether you are still employed. See the comparison above.
How Far Back Can I Recover?
Three years for most wage claims, four under the UCL.
What Does a Wage Lawyer Cost?
We work on contingency, and fee shifting statutes make the employer pay fees on many claims. See how our fees work.
Employment Law Resources
- California Labor Commissioner (DLSE), wage claims and the Berman hearing process: dir.ca.gov/dlse
- IWC wage orders: dir.ca.gov/IWC
- Labor Code section 1194, private right of action, fees and interest: leginfo
- Labor Code section 226, wage statements and penalties: leginfo
- California Labor and Workforce Development Agency, PAGA 2024 reforms: labor.ca.gov
Tell Us What Happened
One business day for a response. You pay nothing unless we win.