818.253.1599
Unpaid Wages and Overtime Lawyer in California
Wage violations are a common issue for employees across California. Workers may experience unpaid wages, delayed paychecks, unpaid overtime, or incorrect calculations of hours worked. These problems can occur in any industry and affect employees at all income levels.
Multiple laws protect employees from wage violations, including federal regulations under the Fair Labor Standards Act (FLSA), California’s Labor Code, and local ordinances that may provide additional protections. Understanding which laws apply to your situation and how to pursue the compensation you may be owed can be complex.
An experienced employment attorney can help evaluate your situation, explain your rights, and discuss potential next steps.
Know Your Rights
California Unpaid Wages Law
Understanding your rights as a California employee can help protect you from wage and overtime disputes. While the Fair Labor Standards Act (FLSA) sets federal standards for minimum wage, overtime pay, and other workplace rules, California’s wage laws often provide employees with even greater protections.
Most workers in California are entitled to at least the state’s minimum hourly wage (which is higher than the federal minimum wage).
Most hourly and non-exempt employees earn overtime pay for hours worked beyond eight hours in a day or 40 hours in a workweek.
Wages must be paid regularly and on scheduled paydays.
Most hourly and non-exempt employees are entitled to rest and meal breaks, depending on the length of their shift.
If you believe your wage rights have been violated, you may benefit from consulting an employment attorney. An attorney can help you understand your legal options, which may include seeking unpaid wages and other remedies.
What Constitutes an Unpaid Wage Claim in California?
An unpaid wage claim may arise when an employer does not pay an employee all wages owed under applicable federal, state, or local laws. These claims can involve more than just unpaid hourly wages and may include issues such as:
- Unpaid overtime for hours worked beyond the standard workday or workweek (for non-exempt employees).
- Unpaid commissions or bonuses that were earned under the terms of an agreement or policy.
- Missing wages due to payroll errors or miscalculations.
Each situation is unique, and not all pay disputes will necessarily lead to a legal claim. Employment laws can be complex, and determining whether wages are owed typically requires a careful review of the circumstances.
If you believe you have not been fully compensated for your work, you may benefit from consulting an employment attorney who can help assess your situation and explain your potential options.
The Legal Framework of Unpaid Overtime In California
Overtime pay requirements for employees in California are governed by both federal, state and local laws. The federal Fair Labor Standards Act (FLSA) establishes baseline rules for minimum wage, recordkeeping, and overtime pay nationwide. Under the FLSA, most non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek.
California’s Labor Code often provides stronger protections. In California, most hourly and non-exempt employees are entitled to overtime pay for:
- Overtime pay (1.5 times the regular rate of pay) for hours worked beyond 8 hours in a workday or 40 hours in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek.
- Double time (2 times the regular rate of pay) for hours worked beyond 12 hours in a workday and for all hours worked beyond 8 hours on the seventh consecutive day in a workweek.
In addition, many California cities and counties have local wage ordinances that may provide even greater protections or benefits. Cities such as Los Angeles, San Francisco, Sacramento, and San Diego often have local rules covering minimum wage rates, overtime standards, and wage theft protections.
When federal, state, and local laws differ, the rule that provides greater employee protection typically applies.
Because overtime rules can be complex and vary by job classification and location, employees who have concerns about unpaid overtime may benefit from consulting an employment attorney to better understand their rights and potential remedies.
Identifying Wage Theft and Overtime Violations
Wage theft refers to situations where an employer fails to pay an employee all wages they may be entitled to under the law. This can include not accounting for all hours worked, failing to pay at least the minimum wage, or making unlawful deductions from wages.
Overtime violations may occur when a non-exempt employee works more than the legally permitted hours without receiving the appropriate overtime pay. In California, this can include failing to pay overtime for hours worked beyond eight hours in a day or 40 hours in a workweek, or neglecting double-time pay where applicable.
While both unpaid wages and overtime violations represent potential breaches of labor law, each involves different legal considerations. Determining whether a violation has occurred often requires a careful review of the facts and applicable laws.
If you believe your employer has not paid you properly, you may benefit from consulting an employment attorney to better understand your rights and potential options.
How to Recognize if Your Employer is Committing Wage Theft
Wage theft can take many forms. Some violations are easy to spot, while others may be more difficult to identify. Examples may include:
- Altering employee time records.
- Not providing required rest or meal breaks (for non-exempt employees).
- Withholding wages for hours worked or sick leave (where applicable).
- Failing to pay earned commissions or accrued vacation pay (if provided under an agreement or policy).
- Requiring employees to perform work “off the clock” or after clocking out.
- Misclassifying employees as exempt or as independent contractors.
- Failing to provide a final paycheck as required by law.
This list is not exhaustive. If you have concerns about potential wage theft or unpaid wages, you may benefit from consulting a California labor attorney to evaluate your situation.
Signs That You Are Denied Overtime Unjustly
Overtime violations can occur when employees do not receive the overtime pay required under California law. Being denied overtime pay may not always be obvious. Common situations that could indicate potential overtime violations include:
- Misclassifying employees as exempt or independent contractors.
- Requesting or allowing employees to work off the clock.
- Offering time off instead of overtime pay (without complying with legal requirements).
- Failing to pay overtime that was not pre-approved.
- Averaging or combining hours across multiple workweeks to avoid paying overtime.
- Requesting employees to waive their right to overtime pay (which is generally not permitted under California law).
Because overtime eligibility can depend on factors like job classification, pay structure, and hours worked, it is often helpful to consult an employment attorney if you have concerns about unpaid overtime.
How Colby Law Firm Assists Employees with Wage Disputes
Colby Law Firm has experience assisting employees with a variety of wage-related matters. Below are some examples of wage issues for which employees commonly seek legal guidance.
Minimum Wages
California law requires that most employees receive at least the applicable minimum wage. Some employees seek legal advice when they believe they have not been paid the correct minimum wage based on state or local laws.
Overtime Wages
Overtime pay laws can be complex, especially when job duties, pay structure, or local ordinances affect eligibility. Employees sometimes consult attorneys when they believe they have not been paid required overtime wages.
Off-The-Clock Wages
Situations where employees are asked to work off the clock or perform tasks after clocking out may raise legal questions. An attorney can help assess whether unpaid wages may be owed in such cases.
Sick-Leave Wages
California requires paid sick leave in certain situations. If an employee believes they were not paid properly for earned sick leave, they may wish to seek legal guidance.
Vacation Time Wages
While California law does not require employers to offer vacation time, earned and unused vacation is considered wages once provided. If you believe earned vacation pay was withheld, an attorney can review your situation.
Earned Commissions
Commissions that have been fully earned based on the terms of an agreement must generally be paid out. If you suspect your employer has withheld earned commissions, legal support may help you explore your options.
Earned Bonuses
In California, nondiscretionary bonuses that are tied to work performance may be treated like wages. If you have concerns about an unpaid bonus that you believe was earned, a lawyer can help you review the agreement and next steps.
Why Choose Colby Law Firm For Your Unpaid Wage and Overtime Cases
Navigating wage and overtime disputes can be complex. Employees facing unpaid wage or overtime concerns may benefit from consulting an attorney who can help explain their rights, review the details of the situation, and discuss possible legal remedies.
Colby Law Firm has experience assisting employees with a variety of wage-related matters. We offer free, confidential case evaluations to help workers understand their options and determine potential next steps.
Testimonials
What California Says About Our Employment Lawyers
Professional Affiliations & Honors
Proudly Affiliated with Leading Legal Organizations
Certifications
Our Certifications Claim Our Extensive Expertise in Employment Law
Why Choose
Colby Law Firm
Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.
Aaron Colby
Lead Attorney and Founder Colby Law