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At Daily Aljian LLP, our California wage and hour attorneys fight to recover every dollar our clients are owed. If you believe your employer has violated your wage rights, contact us today at 949-861-2524 for a free, confidential consultation.
What Is Wage Theft in the Workplace?
Wage theft occurs any time an employer fails to pay a worker the full compensation they are legally entitled to. It doesn’t require a dramatic act of fraud. In many cases, wage theft is the result of deliberate policy decisions: classifying workers incorrectly to avoid paying overtime, rounding down time entries, or simply ignoring California’s break requirements. In other cases, employers take advantage of workers who are unaware of their rights.
Regardless of how it happens, wage theft is a serious violation of California labor law, and workers have the right to hold employers accountable.
What Kinds of Wage Theft are Valid Claims?
California employees can be victimized by wage theft in a number of ways. Below are the most common types of claims our attorneys handle.
Unpaid Minimum Wage
California sets a higher minimum wage floor than federal law requires, reflecting the real cost of living in this state. Every non-exempt employee is entitled to receive at least the California minimum wage for every hour worked. If your employer has paid you less than the legal minimum, or made deductions that effectively bring your hourly rate below it, you may have a valid claim.
Unpaid Overtime
California’s overtime laws are among the most protective in the country. Non-exempt employees are entitled to time-and-a-half for any hours worked beyond eight in a single workday or 40 in a workweek, as well as for the first eight hours worked on a seventh consecutive workday. Double time applies when an employee works more than 12 hours in a day or more than eight hours on that seventh consecutive day. If your employer has required you to work these hours without proper overtime pay, the law is on your side.
Overtime Misclassification
Some employers sidestep overtime requirements by misclassifying employees as “exempt” when they do not legally qualify for that status under California or federal law. To be truly exempt, an employee must meet strict criteria related to their salary level and the nature of their work. If your employer has labeled you exempt simply to avoid paying overtime without meeting those criteria, you may be owed significant back pay.
Unlawful Tip Practices
Workers in service industries rely on tips as a meaningful part of their income. California law tightly regulates how tips are collected and distributed. Employers cannot withhold, redirect, or pocket tips earned by their employees. If your employer has been skimming from tip pools, keeping gratuities for themselves, or otherwise mishandling tips, you have grounds to pursue a claim.
Unpaid Earned Commissions or Bonuses
Commissions and bonuses that have been earned according to the terms of an employment agreement are wages under California law and must be paid. Employers who withhold or reduce agreed-upon commissions after the work has been done, or who find pretextual reasons not to pay earned bonuses, are committing wage theft. If this has happened to you, you can take legal action to recover what you are owed.
Laws Protecting Employees Against Wage & Hour Violations
California employees are protected by an overlapping framework of state and federal law, which together create some of the strongest wage protections in the United States.
At the federal level, the Fair Labor Standards Act (FLSA) establishes baseline requirements for minimum wage, overtime pay, and recordkeeping that apply to most employers nationwide.
California law goes further. The California Labor Code and the regulations issued by the Industrial Welfare Commission (IWC) set higher minimum wage requirements, more stringent overtime rules, and mandatory meal and rest break standards that exceed federal minimums.
Key California protections include:
- Minimum wage: California’s minimum wage currently exceeds the federal floor, with certain localities setting rates even higher.
- Overtime: California requires overtime pay after eight hours in a single workday, not just after 40 hours in a week, giving workers significantly more protection than federal law alone provides.
- Meal and rest breaks: California employers must provide a 30-minute unpaid meal break after five hours of work and a paid 10-minute rest break for every four hours worked. If an employer fails to provide a required break, the employee is entitled to one hour of premium pay for each violation.
- Wage statements: Employers are required to provide itemized wage statements showing hours worked and all applicable rates of pay.
- Anti-retaliation protections: It is illegal for an employer to retaliate against an employee for filing a wage claim, complaining about unpaid wages, or cooperating in a wage investigation.
When employers violate these laws, they may be liable for unpaid wages, liquidated damages, civil penalties, and attorneys’ fees.
How Do I Know I Have a Wage Theft Case?
Many workers who have been shortchanged by their employers never take action because they are not sure whether what happened to them rises to the level of a legal claim. The truth is that wage theft is more common than most people realize, and many valid cases go unpursued simply because workers don’t know their rights.
A few questions worth asking yourself: Has your employer ever required you to work through a meal or rest break without additional pay? Have you worked more than eight hours in a day or 40 hours in a week without receiving overtime? Have you been told you are a salaried or exempt employee, but your actual job duties don’t match that classification? Have tips, commissions, or bonuses you earned been reduced or withheld without explanation? If the answer to any of these is yes, you may have a valid wage and hour claim.
You don’t need to have all the answers before reaching out to an attorney. At Daily Aljian LLP, our initial consultations are free and confidential. We will review the specifics of your situation, help you understand whether your employer has violated the law, and give you an honest assessment of your options. The only way to know for certain whether you have a case is to talk to someone who knows California wage and hour law inside and out.
How to Start a Wage & Hour Claim Against an Employer
If you suspect your employer has violated your wage rights, taking action as soon as possible is important. California limits the time you have to file a claim, so delays can cost you the ability to recover everything you are owed.
1. Gather Documentation
Before doing anything else, start collecting evidence. Save your pay stubs, time records, schedules, and any written communications with your employer about pay. If you have been keeping personal notes about hours worked or incidents where you were denied breaks, preserve those as well. Strong documentation makes a stronger case.
2. Consult with a Wage & Hour Attorney
Wage and hour law is complex, and employers often have experienced legal teams defending them. Speaking with an attorney early gives you a clear picture of what claims you may have, what they are worth, and what strategy makes the most sense for your situation. Daily Aljian LLP offers free initial consultations with no cost to find out where you stand.
3. File Your Claim
Depending on your circumstances, your attorney may recommend filing a complaint with the California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), or filing a civil lawsuit directly against your employer. In situations where multiple employees have been affected by the same unlawful practices, a class action lawsuit may be the most effective path.
4. Negotiate a Settlement or Proceed to Trial
Many wage and hour cases are resolved through negotiated settlements before reaching a courtroom. Your attorney will work to secure the maximum recovery possible, which may include unpaid wages, interest, liquidated damages, and attorney fees. If a fair settlement cannot be reached, Daily Aljian LLP is fully prepared to take your case to trial.
Why Choose Daily Aljian for Your Wage & Hour Case
At Daily Aljian LLP, we have spent years representing California workers who have been shortchanged by their employers. We understand the power imbalance workers often feel when going up against a company, and we are here to level the playing field.
We know California wage and hour law.
Our attorneys are deeply familiar with both the California Labor Code and federal law, and we stay current with the latest developments in wage and hour litigation across the state.
We handle cases of all sizes.
Whether your claim involves a single unpaid paycheck or a company-wide pattern of wage theft affecting dozens of workers, we have the experience and resources to pursue it effectively, including complex class action and collective action litigation.
We fight for the full value of your claim.
Recovering unpaid wages is only the beginning. California law entitles workers to additional damages, civil penalties, and in many cases reimbursement of legal fees. We pursue every available avenue of recovery on your behalf.
We work on a contingency fee basis.
You pay no attorney fees unless we win your case. That means you can pursue justice without any upfront financial risk.
We treat you with respect.
We know that coming forward about a wage claim can feel intimidating. Our team is committed to handling your case with professionalism, discretion, and genuine care for your outcome.
What Is the Process of a Wage & Hour Case?
Understanding what to expect from a wage and hour case can make the process feel far less daunting. While every case is different, most follow a similar path from initial consultation to resolution.
The process begins with a free consultation, where you share the details of your situation and our attorneys evaluate whether your employer has violated California or federal wage law. If we take your case, we get to work investigating: collecting pay stubs, time records, employment agreements, and any relevant communications with your employer. In cases involving multiple employees, we look for patterns of conduct that can strengthen the overall claim.
From there, we file your claim with the appropriate body, whether that is the California Labor Commissioner’s Office, a civil court, or as a class action on behalf of a group of affected workers. Once filed, both sides exchange information through discovery, and many cases are resolved at this stage through negotiated settlements. If a fair settlement cannot be reached, Daily Aljian LLP is fully prepared to take your case to trial. Throughout every stage, we keep you informed and make sure you understand what is happening every step of the way.
FAQs About Wage & Hour Violation Claims
How long do I have to file a wage and hour claim in California?
The statute of limitations depends on the type of claim. For most wage claims under the California Labor Code, you generally have three years from the date of the violation. Claims under the FLSA have a two-year statute of limitations, extended to three years for willful violations. Acting promptly protects your ability to recover the maximum amount.
What if I’m afraid my employer will retaliate against me for filing a claim?
California law expressly prohibits retaliation against employees who assert their wage rights. If your employer fires you, demotes you, reduces your hours, or otherwise punishes you for filing a wage claim, you may have an additional retaliation claim on top of your wage case. We take retaliation seriously and will pursue all available remedies if it occurs.
What if I signed a document waiving my right to overtime or other wages?
In most cases, these waivers are unenforceable under California law. Workers generally cannot waive their rights to minimum wage or overtime pay. If you were asked to sign such an agreement, don’t assume your claim is gone. Speak with an attorney first.
What if my employer owes wages to me and many of my coworkers?
This situation may be well-suited for a class action lawsuit, which allows a group of employees who suffered the same violations to pursue claims together. Class actions can be an effective way to hold employers accountable for systemic wage theft and recover damages for everyone affected.
What can I recover in a wage and hour claim?
You may be entitled to recover the unpaid wages themselves, plus interest. Depending on the nature of the violations, you may also be entitled to liquidated damages, civil penalties under the California Labor Code, and reimbursement of your attorneys’ fees and costs.
Do I need an attorney to file a wage claim?
You are not required to have an attorney, but having one significantly improves your chances of a favorable outcome. Employers typically have legal representation defending them, and the procedural requirements for wage claims can be complex. An experienced wage and hour attorney can evaluate your claim, gather evidence, and negotiate or litigate on your behalf.
What evidence do I need for my wage & hour violation claim?
When you’re trying to prove your employer has been withholding your pay or is not paying you enough for your work, you need evidence to help you resolve your dispute claim. Evidence that can support your claim includes:
- Pay records
- Timekeeping records
- Employment agreements
- Communications between you and your employer