California Wage and Hour Attorney: Fight for Overtime and Fair Pay

California workers are protected by some of the strongest wage and hour laws in the country. Whether you work in an office, a factory, a restaurant, or the construction industry, you deserve fair pay for every hour on the job. Yet thousands of employees across the state are underpaid or denied overtime every year. If you have not been paid for your work, did not get overtime, or have questions about your pay, a California wage and hour attorney can help you fight for the wages you have earned.

What Are Wage and Hour Laws in California?

California law requires employers to pay at least the state minimum wage for every hour worked. In 2025, the minimum wage is higher than the federal standard, and in some cities, it is even greater. Employers must pay employees for all hours worked, provide regular meal and rest breaks, and pay overtime rates when required.

Key Legal Protections Include:

• Minimum Wage:
  California’s minimum wage is among the highest in the country. Employers cannot pay less than the legal rate.
• Overtime Pay:
  If you work more than eight hours in a day or more than forty hours in a week, you must be paid time and a half for those extra hours.
• Double Time:
  If you work more than twelve hours in a day or more than eight hours on a seventh consecutive day, you are entitled to double your regular pay rate.
• Meal and Rest Breaks:
  Employees are entitled to a paid rest break of at least ten minutes for every four hours worked and an unpaid thirty-minute meal break for every five hours worked.
• Timely Payment:
  Wages must be paid on time, and final paychecks must be given promptly when employment ends.
• Accurate Pay Stubs:
  Your pay stub must list all hours worked, the hourly rate, deductions, and overtime pay.

If your employer violates any of these laws, you have the right to pursue a claim for unpaid wages, penalties, and sometimes attorney’s fees.

Common Wage and Hour Violations in California

Wage theft happens in many ways. Here are some of the most common wage and hour violations in California:

• Unpaid Overtime:
  Employers may ask workers to stay late or come in early but fail to pay the correct overtime rate.
• Minimum Wage Violations:
  Some employers pay below the state or local minimum wage, especially in restaurants or retail.
• Off-the-Clock Work:
  Employers cannot require you to work before clocking in or after clocking out. If you do, you must be paid for that time.
• Misclassification of Employees:
  Some companies call workers “independent contractors” to avoid paying overtime or benefits. If you are treated like an employee, you may be misclassified.
• Missed Meal and Rest Breaks:
  Skipping breaks or requiring you to work through them without extra pay is illegal.
• Illegal Deductions:
  Employers are not allowed to deduct money from your paycheck for uniforms, cash shortages, or broken equipment unless the law permits it.
• Failure to Provide Final Pay:
  When you quit or are fired, your employer must pay all final wages immediately or within a short time.

If you notice any of these issues, document everything and contact a California wage and hour attorney right away.

Who Is Protected by Wage and Hour Laws?

Most California workers, including hourly employees, salaried staff, part-time workers, and even undocumented workers, are protected by these laws. Certain managers, executives, and professionals may be classified as exempt, but most workers are covered.

If you are not sure about your classification or if your employer says you are not entitled to overtime, a lawyer can review your job duties and pay structure to see if you should be paid more.

How Can a California Wage and Hour Attorney Help?

A skilled wage and hour attorney can help you:

• Review your pay records and job classification
• Calculate the amount of unpaid wages and penalties owed
• File a wage claim with the California Labor Commissioner or a lawsuit in court
• Represent you in hearings or negotiations
• Pursue penalties and attorney’s fees from your employer

Attorneys can also handle class action lawsuits if many employees are affected by the same violations.

The Wage Claim Process

If you believe your employer owes you money, your first step is to gather evidence. Collect pay stubs, schedules, emails, time cards, and any notes about when you worked or took breaks. Make a list of all the hours and days you believe were unpaid or paid incorrectly.

Once you have your documents, your attorney can file a claim with the California Labor Commissioner or go directly to court if needed. The employer will be notified, and a hearing or mediation will be scheduled.

Many cases are resolved through settlement, but if a resolution is not possible, your case may go to a hearing or trial. If you win, you may receive back pay, penalties, interest, and attorney’s fees.

What Are the Time Limits for Wage Claims?

California has strict deadlines, known as statutes of limitations, for wage and hour claims. Generally, you have three years to file a claim for unpaid wages or overtime, and one year to claim penalties for late pay stubs. If you wait too long, you may lose your right to recover money.

Frequently Asked Questions

Do I have to pay for a lawyer upfront?
Most wage and hour attorneys work on a contingency basis, meaning they are paid only if you win your case or reach a settlement.

Can I be fired for filing a wage claim?
Retaliation is illegal. If your employer fires you or treats you unfairly for asserting your wage rights, you can file a retaliation claim and may be entitled to additional damages.

What if I am undocumented?
Your immigration status does not affect your right to fair pay and overtime in California. The law protects all workers.

How do I know if I am misclassified as an independent contractor?
If your employer controls your schedule, provides equipment, and directs your work, you may be an employee, even if called a contractor.

Case Example

Maria worked as a cook in a Los Angeles restaurant for two years. She regularly worked ten hours a day, six days a week, but never received overtime pay or meal breaks. Her paychecks did not reflect her actual hours. Maria contacted a California wage and hour attorney, who helped her document her hours and file a claim. The case settled, and Maria recovered two years’ worth of unpaid wages, penalties, and attorney’s fees.

Why Choose California Trial Law Group, PC?

California Trial Law Group, PC has a proven record of fighting for workers’ rights. Our attorneys know the wage and hour laws inside and out. We help employees throughout California recover unpaid wages, overtime, and penalties from employers who break the law. We provide compassionate service and aggressive advocacy, making sure your case gets the attention it deserves.

We offer free consultations, and you pay no fees unless we recover money for you.

How to Protect Your Rights

Keep copies of every pay stub, schedule, and written communication with your employer. If you notice errors or missing pay, raise the issue in writing. Document every shift and break. If you are not paid, seek legal advice quickly.

Contact a California Wage and Hour Attorney

You work hard and deserve every dollar you earn. If your employer is not paying you properly or is denying you overtime, do not wait to get legal help. California Trial Law Group, PC can help you understand your rights, file a wage claim, and fight for the pay you are owed.

Call today or fill out our online form for a confidential consultation with a California wage and hour attorney who puts workers first.