What qualifies as unpaid wages in California?

Unpaid wages include any earnings your employer fails to pay according to California labor laws. This may involve not paying overtime, failing to provide wages for all hours worked, refusing to compensate for off-the-clock work, or withholding final paychecks. It can also include unpaid commissions or bonuses that were promised under a valid agreement. Employers sometimes misclassify employees as exempt or as independent contractors to avoid paying overtime or benefits. These tactics are unlawful if you do not meet the strict criteria for exemption. If you suspect you are missing wages, reviewing your pay stubs and time records with an attorney can help identify violations and start the process of recovering your earnings.

How is overtime calculated in California?

California has some of the strongest overtime laws in the country. Non-exempt employees are entitled to one and a half times their regular pay for any hours worked beyond eight in a single workday or 40 in a workweek. Additionally, employees must be paid double their regular rate for hours worked beyond 12 in a day and for any hours beyond eight on the seventh consecutive workday in a week. Employers sometimes attempt to avoid paying overtime by misclassifying workers as exempt or as contractors. If your employer did not pay you overtime when required, you may be entitled to recover those unpaid wages along with interest and penalties. Consulting a labor lawyer can confirm whether you are classified properly and owed overtime pay.

What should I do if my employer denies me meal or rest breaks?

California law requires employers to provide a 30-minute unpaid meal break if you work more than five hours and a second meal break if you work more than 10 hours. You are also entitled to paid 10-minute rest breaks for every four hours worked. If your employer denies these breaks or interrupts them, they must pay you one additional hour of pay for each violation. Many workers do not realize they are owed this penalty pay. Document every missed or interrupted break, and save any communications showing employer pressure to skip breaks. These records strengthen your claim. If you have been denied breaks, you should speak with a labor attorney as soon as possible to recover the wages and penalties you are entitled to.

How long do I have to file a wage claim in California?

The time limits for filing wage claims vary depending on the type of violation. In most cases, workers have three years to file claims for unpaid wages, overtime, or break violations. If the claim involves a written contract, the deadline may extend to four years. Claims for penalties related to wage violations often have shorter timelines. Missing a deadline can mean losing your right to recover wages entirely. Because deadlines differ depending on the facts of your case, it is important to consult an attorney quickly after noticing missing wages. A lawyer can confirm which deadlines apply and ensure your claim is filed properly and on time, preserving your right to full recovery.

Why should I hire a lawyer instead of filing a claim on my own?

While California workers can file claims with the Labor Commissioner directly, having a lawyer significantly increases your chances of success. Employers often have legal teams defending against wage claims, and they may dispute your hours, your job classification, or your right to penalties. A lawyer can gather strong evidence, negotiate settlements, and file lawsuits if necessary. Attorneys also understand how to calculate damages, including interest and penalties, which can greatly increase the value of your claim. Most labor law firms, including Tenant Safety Law Firm, offer free case reviews and contingency representation. This means you pay nothing upfront and only if your case is successful. Legal support ensures you are not at a disadvantage against your employer.

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Don’t Give Up on Unpaid Wages or Earned Overtime

Workers can recover unpaid wages and overtime with the help of a labor lawyer

September 1, 2025

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Many California workers are underpaid without even realizing it. Employers often fail to pay overtime, deny proper meal and rest breaks, or misclassify employees to avoid full wages. If you suspect wage theft, it is important to act quickly. The law gives you the right to recover your unpaid earnings, but strict deadlines apply.

Los Angeles, California — Wage theft is one of the most common violations workers face in California. Despite strong state protections, employers still withhold pay by denying overtime, failing to provide breaks, or misclassifying employees. If you believe you have been underpaid, you may be entitled to recover the wages and overtime you rightfully earned.

Examples of wage violations include:

Not paying overtime for hours worked beyond 8 in a day or 40 in a week
Refusing to provide or pay for missed meal and rest breaks
Misclassifying employees as “independent contractors” to avoid paying benefits
Paying below minimum wage or manipulating time records

California law strongly favors employees in wage disputes. Workers who prove their claims may recover unpaid wages, interest, penalties, and sometimes attorney’s fees. In serious cases, employers can face significant fines for repeated violations.

What you should do if you suspect wage theft:

Keep copies of pay stubs, time sheets, and schedules
Document hours worked, including overtime and missed breaks
Save any written communication about pay or hours
Contact an experienced labor attorney as soon as possible

Deadlines for filing wage claims are strict. Waiting too long may reduce the amount you can recover or prevent you from filing at all. Speaking with a lawyer quickly ensures your claim is filed on time and supported by strong evidence.

At Tenant Safety Law Firm, we offer free case reviews and represent employees on a contingency basis. You pay nothing unless we recover compensation for you. If you believe your employer owes you wages or overtime, reach out immediately to protect your rights and your paycheck.

This article is for informational purposes only and not legal advice. For guidance on your situation, contact a qualified California labor law attorney.

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