California Unpaid Wages Lawyer

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Justice with a California Wage and Hour Attorney

Not every company has the best interest of their employees at heart. Some companies will do anything that they can to save money—even if it hurts the very workers they count on. The California Labor Code gives employees the right to be paid for their work, the right to mandatory meal and rest breaks, and more.

Don’t Put Up with Minimum Wage Violations

One of those rights is the right to a federal and state minimum wage. The minimum wage throughout California is currently $15.50 per hour [1], vastly higher than the $7.25 federal minimum wage. With very few exceptions, employees in California must be paid at least the state minimum wage; nevertheless, some businesses will look to skirt these regulations in whatever way they can. Wilshire Law Firm’s unpaid wage lawyers can help if your employer is guilty of this wage theft.

Our Unpaid Wages Lawyers will Review Reimbursements and Bonus Pay

One of the ways in which employers attempt to circumvent minimum wage laws is through reimbursement and bonus pay adjustments. Commissions, bonus pay, reimbursement pay, and tips cannot be used as credit towards the minimum wage employers must pay you for your work. Your tips belong to you—NOT your employer.

Overtime and Wage Attorneys Who Understand Hours Violations

Generally speaking, all employers must compensate employees for their time on duty. Under California law, employers must provide a meal break within the first 5 hours of an employee’s

shift, as well as one rest break during 3.5 to 6-hour shifts and two rest breaks during 6 to 10-hour shifts.

Occasionally, employees will be asked to work through these breaks—directly violating the law. Instances in which employees may have wages illegally withheld include:

Work completed off the clock
Meals or rest breaks that employees are asked to work through
Overtime or double-time hours worked
Work-related travel time

In addition to this, employers are also required to pay out any unused and accrued vacation time at the employee’s final rate of pay in the event of a separation from or termination of an employee. If your employer failed to pay any of the wages owed to you, they may be subject to severe penalties under California law. Contact the award-winning California unpaid wages lawyers at Wilshire Law Firm today to discuss the merit of your claim—we can help you recover the wages you are legally entitled to.

Learn More About Your Rights: Unpaid Overtime

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California Wage Lawyers Who Demand Paydays and Final Paychecks

Employees earning wages between the 1st and 15th days of any given month must be paid no later than the 26th of that month [2]. Similarly, wages earned between the 16th and the last day of a given month must be paid by the 10th day of the following month. For less traditional payroll structures, such as weekly, biweekly, or semi-monthly, wages earned must be paid within seven calendar days of the end of the payroll period.

For employees who have given 72 hours or more notice of quitting, the employer is required to pay all wages due at the time of quitting. If the employee does not give notice, then employers have 72 hours after the time of quitting to pay the employee all wages earned. Employers who delay or fail to pay wages when due may be subject to waiting penalties in addition to any unpaid wages owed to an employee.

Our Employee Misclassification Attorneys in California Can Help

Contract employee, hourly employee, salaried employee, independent contractor, it doesn’t matter—you have fundamental rights under federal and state law to be compensated correctly for the work you perform. Some workers, however, are exempt from wage and hour law protections. Unfortunately, some employers attempt to misclassify non-exempt workers as exempt to avoid paying overtime and other wages.

Exempt employees are likely to be one of the following:

Executives
Highly-compensated employees
Skilled professionals (e.g., lawyers, doctors, computer technicians, etc.)
Outside salespersons
Administrative employees

When determining whether an employee is exempt, the employee’s duties are quite important. Exempt employees are required to earn at least two times the state minimum wage for full employment—simply paying an employee a salary does not make them exempt—and must also perform exempt duties, including:

Managing a company or department
Performing administrative tasks
Duties that require advanced knowledge
Making sales
Information technology and system analysis

Wilshire Law Firm is committed to representing professionals in tech, health care, and other industries who have been misclassified, including through class action lawsuits.

Learn More: Employee Misclassification Lawsuits

How a Wage and Hour Lawyer in California Fights For You

If you believe your employer has been withholding your wages or violating federal and state wage and hour laws, start by reporting the issue internally to your Human Resources or payroll department. However, if your unpaid wage claim is still unresolved, you should immediately consult with one of the skilled, unpaid wages lawyers at Wilshire Law Firm.

Our award-winning team of over 50 attorneys and 250 dedicated legal professionals will help you gather evidence to prove your case, including:

Pay stubs
Time clock data and other work records
Internal company correspondence and policies
Testimony from coworkers

Free Case Review with Experienced Unpaid Wages Attorneys in California

In general, most claims for unpaid wages must be filed within three years of the violation, so consult with the unpaid wage attorneys at Wilshire Law Firm as soon as possible.

Our California unpaid wages law firm will handle your employment case on a contingency fee basis, so you pay no fees unless you win.

To learn how our commitment to excellence can help your case, contact Wilshire Law Firm 24/7 at (800) 501-3011 or fill out our online contact form to get started today with your FREE and confidential case evaluation.

Begin a Free Case Review

Frequently Asked Questions About Unpaid Wages Lawsuits

What do I need to file an unpaid wages lawsuit in California?

To file an unpaid wages lawsuit in California, you’ll need evidence to support your claim, such as pay stubs or records of hours worked. You may also require additional documentation, depending on the particulars of your case. Contact a California wage and hour attorney at Wilshire Law Firm for advice about gathering the necessary documents for filing a wage dispute complaint with state or federal agencies.

Are there any time limits on unpaid wage lawsuits in California?

In many cases, workers have up to three years from when their employer failed to pay their wages and overtime wages owed to bring a claim before the court in California. If you’re missing vacation pay or commissions due upon termination, you typically have up to one year from when they should’ve been paid out. Learn more about specific deadlines and filing requirements during a free case review with the unpaid wages attorneys at Wilshire Law Firm.