You work hard every day to support yourself and your family. The paycheck you receive is not just a number; it’s a reflection of your time, effort, and dedication. California has some of the strongest labor laws in the country to ensure you are paid correctly and on time. Unfortunately, many employers try to cut corners, resulting in wage theft—a serious issue where an employer fails to pay you the full wages you have rightfully earned.
Wage theft is more than just a mistake on a paystub; it can be a systematic practice that deprives workers of thousands of dollars. Common examples include unpaid overtime, missed meal breaks, or misclassifying you to avoid paying benefits. These violations are not just unfair—they are illegal.
If you suspect your employer isn’t paying you correctly, you don’t have to fight this battle alone. Pursuing legal action can feel overwhelming, but an experienced California employment lawyer can navigate the complexities for you and help you recover the compensation you deserve.
Recognizing the Signs of Wage Theft
Wage theft can be subtle and difficult to spot. Employers often count on employees not knowing their rights. Here are some of the most common wage and hour violations we handle:
Unpaid Overtime
This is one of the most frequent violations. California law requires employers to pay non-exempt employees time-and-a-half (1.5x their regular rate) for hours worked over 8 in a day or 40 in a week. The rate increases to double-time (2x the regular rate) for hours worked over 12 in a day or over 8 on the seventh consecutive workday. If your paycheck doesn’t reflect these premium rates for your extra hours, you are a victim of wage theft.
Employee Misclassification
A common tactic employers use to avoid paying overtime is to wrongly classify employees.
“Exempt” Misclassification: To be legally “exempt” from overtime, you must perform specific administrative, professional, or executive duties and earn a salary of at least $68,640 per year (as of 2025). Many employers misclassify workers who don’t meet these strict criteria, illegally denying them overtime pay.
“Independent Contractor” Misclassification: By labeling you an “independent contractor,” an employer can illegally avoid paying overtime, providing breaks, and offering other benefits. The law looks at the employer’s control over your work and other factors, not just your job title, to determine your true status.
Missed Meal and Rest Breaks
Employers have an affirmative duty to make breaks available to you.
Meal Breaks: You are entitled to an unpaid, uninterrupted 30-minute meal break if you work more than 5 hours. For each day this is denied, you are owed a penalty of one extra hour of pay.
Rest Breaks: You are entitled to a paid, 10-minute rest break for every four hours you work. If these breaks are missed, you are also owed a penalty of one extra hour of pay. These penalties can add up significantly over time.
“Off-the-Clock” Work
It is illegal for an employer to require or allow you to perform work-related tasks without pay. This includes time spent on job preparation, cleanup after a shift, or responding to work emails from home. Your employer must pay you for all time you are “suffered or permitted to work,” even if the overtime was not authorized in advance.
Final Paycheck Violations
When you are fired, your employer must pay you all owed wages—including accrued vacation time—immediately at the time of termination. If you quit with at least 72 hours’ notice, you must be paid on your last day. Failure to comply results in “waiting time penalties,” where your employer owes you your full daily wage for each day the payment is late, up to 30 days.
Minimum Wage Violations
As of 2025, California’s statewide minimum wage is $16.50 per hour, though many cities have higher local rates. For example, Emeryville ($19.90), West Hollywood ($19.65), Berkeley and San Francisco ($19.18), Milpitas ($18.20), and Los Angeles ($17.87) are among the highest in the state. Paying less than the required minimum is a direct form of wage theft.
Why You Need an Experienced Lawyer on Your Side
While you can file a claim with the Labor Commissioner’s Office on your own, the process can be complex and challenging to navigate. Employers and their legal teams often have extensive experience fighting these claims. An experienced employment law attorney can level the playing field and significantly increase your chances of a successful outcome.
Here’s how a dedicated wage and hour lawyer can help:
Thorough Case Evaluation: An attorney will analyze your paystubs, work schedules, and other evidence to identify every potential violation, ensuring you claim the maximum compensation you are owed.
Navigating Complex Laws: Wage and hour laws are filled with nuances and exceptions for certain industries and job roles. An expert lawyer understands these complexities and can build a powerful legal argument tailored to your specific situation.
Holding Employers Accountable: Many employers deny wrongdoing or try to intimidate employees into silence. Our firm is not afraid to stand up to large corporations and fight for your rights. We have a track record of success, having successfully obtained awards for clients in over 97% of our trials and hearings.
Maximizing Your Recovery: A successful unpaid wage claim can help you recover not only your unpaid wages but also back pay, interest, and other damages. We fight to ensure you receive every penny you are legally entitled to.
Meeting Strict Deadlines: There are strict time limits (statutes of limitations) for filing wage claims, often three years for violations like unpaid overtime and missed breaks. An attorney will ensure all paperwork is filed correctly and on time, protecting your right to seek justice.
You Have Rights, and We Can Protect Them
California labor laws protect all workers, regardless of immigration status. It is illegal for your employer to retaliate against you—by firing, demoting, or punishing you in any way—for pursuing a wage claim. If you face retaliation, we can file an additional complaint on your behalf.
You’ve worked hard for your wages. Don’t let your employer steal them from you. If any of the violations described above sound familiar, it’s time to take action.
Contact the Law Office of Leon H. Rountree III Today for a Free, Confidential Consultation
Our experienced California employment law practice is ready to fight for you. We represent clients on a contingency fee basis, which means you pay no fees unless we win your case or recover compensation for you.
Let us put our decades of legal experience to work for you. Call us at (510) 343-6299 or contact us online to schedule your free consultation and learn more about your legal options. The support you need and the settlement you deserve are just a phone call away.