Wage theft is one of the most pervasive employment law violations in California, affecting workers across all industries. California has some of the strongest wage and hour protections in the nation, but many employers fail to comply with them.
The Azizi Firm fights for workers who have been denied their hard-earned wages. Whether it's unpaid overtime, missed meal breaks, or misclassification, we help California employees recover every dollar they are owed.
Wage theft occurs when an employer fails to pay an employee the wages they are legally owed. Common forms include: failing to pay minimum wage; not paying overtime wages; requiring off-the-clock work; not providing required meal and rest breaks or not paying premium wages when breaks are missed; taking illegal deductions from paychecks; misclassifying employees as independent contractors to avoid paying benefits and overtime; not paying all commissions, bonuses, or tips owed; failing to pay final wages on time after termination; and altering time records to reduce hours worked. Wage theft disproportionately affects low-wage workers, but it occurs at all income levels and across all industries.
California overtime laws are among the most generous in the nation and provide greater protections than federal law. Non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked beyond 8 in a single workday or 40 in a workweek, and double time at 2 times their regular rate for hours worked beyond 12 in a single workday. Employees must also receive overtime for the first 8 hours worked on the seventh consecutive day of work in a workweek, and double time for hours beyond 8 on the seventh consecutive day. Importantly, overtime is calculated on a daily basis in California — meaning you are entitled to overtime for hours over 8 in a single day, regardless of how many total hours you work in the week.
California law mandates that non-exempt employees receive a 30-minute unpaid meal break if they work more than 5 hours in a day. If an employee works more than 10 hours, they are entitled to a second 30-minute meal break. Rest breaks of 10 paid minutes must be provided for every 4 hours worked (or major fraction thereof). If an employer fails to provide a compliant meal or rest break, the employer must pay the employee one additional hour of pay at the employee's regular rate for each workday that a break was not provided — this is often called a meal or rest break premium. These premiums can add up to significant amounts over time, especially if the violations were ongoing for months or years.
You have several options to recover unpaid wages. You can file a wage claim with the California Labor Commissioner's Office (also known as the Division of Labor Standards Enforcement or DLSE), which can hold a hearing and issue an order for your employer to pay. You can also file a lawsuit in court, which may allow you to recover additional penalties and attorney fees beyond what the Labor Commissioner can award. For certain wage claims, you can bring a representative action under the Private Attorneys General Act (PAGA), which allows you to recover civil penalties on behalf of yourself and other aggrieved employees. The best approach depends on the specifics of your case, which is why consulting with an employment lawyer is advisable.
California imposes significant penalties on employers who commit wage theft. For unpaid minimum wage or overtime, the employer may owe liquidated damages equal to the unpaid wages. For meal and rest break violations, the employer owes one hour of pay per violation day. Waiting time penalties apply if the employer fails to pay all final wages on time after termination or resignation — these penalties equal a full day's wages for each day the employer is late, up to a maximum of 30 days. Under PAGA, civil penalties of $100 per aggrieved employee per pay period for the first violation and $200 for subsequent violations can be recovered, with 75% going to the state and 25% to the employees. Willful wage theft can also result in criminal penalties including fines and imprisonment.
No. California law provides strong anti-retaliation protections for employees who assert their wage and hour rights. It is illegal for your employer to fire, demote, suspend, discipline, or otherwise retaliate against you for making a wage complaint, filing a wage claim, participating in a wage investigation, or even informally complaining about unpaid wages. If your employer retaliates against you for asserting your wage rights, you may have a separate retaliation claim with its own set of damages, including reinstatement, back pay, emotional distress damages, and punitive damages in egregious cases.
The statute of limitations for wage claims in California varies by claim type. Claims for unpaid minimum wage, overtime, and meal/rest break violations generally have a 3-year statute of limitations. Written contract wage claims have a 4-year statute of limitations. Waiting time penalty claims must be brought within 3 years. PAGA claims have a 1-year statute of limitations. Importantly, the statute of limitations may be extended (tolled) under certain circumstances. Because these deadlines are complex and the consequences of missing them are severe, you should consult an employment lawyer as soon as you become aware of potential wage violations to ensure your claims are timely filed.
If your employer has cheated you out of wages, contact The Azizi Firm for a free consultation. We have recovered millions in unpaid wages for California workers. Call (858) 829-3962.
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