California Unpaid Wages and Overtime Lawyer
Table of Contents
- Why Employees Choose Abramson Labor Group
- What Are California’s Wage and Hour Laws?
- How Does Overtime Work in California?
- Common Wage Violations We Handle
- How Can an Unpaid Wages Lawyer Help?
- What Can You Recover?
- Can My Employer Retaliate for a Wage Complaint?
- How Long Do I Have to Act?
- Industries We Serve
- Serving Employees Across California
- Frequently Asked Questions
- How much does a wage and hour lawyer cost?
- What kind of lawyer do I need for unpaid wages?
- Can I recover unpaid wages regardless of immigration status?
- Is 50 hours a week overtime?
- How do I claim unpaid wages?
- My employer said I agreed to no overtime. Is that legal?
- Do I get overtime if I am paid a salary?
- Can I bring a wage claim while I still work there?
- What is the 72-hour rule in California?
- Who gets $20 an hour in California?
- What happens if my pay stub is wrong?
- What changed for hourly workers in 2026?
- What records should I keep?
- Request a Free Case Review
- California overtime starts after 8 hours in a workday or 40 in a workweek, not just after 40 hours a week like federal law.
- Double time applies to work over 12 hours in a day. It also applies to work over 8 hours on the seventh consecutive day of the workweek.
- Your employer must pay overtime even if it did not authorize it. What matters is whether it knew or should have known you worked.
- The California minimum wage is $16.90 an hour in 2026, and covered fast food workers earn at least $20.00. Most exempt salaried employees must earn at least $70,304 a year.
- Late final pay, missed breaks and faulty pay stubs carry penalties on top of your unpaid wages.
- You generally have 3 years to file a wage claim for unpaid minimum wage, overtime, or meal and rest breaks.
Is your employer not paying you for all the hours you work? A California unpaid wages lawyer can help you recover the wages your employer owes. Abramson Labor Group represents employees, never employers, in wage disputes over unpaid overtime, minimum wage, missed meal and rest breaks, and final pay. Our case reviews are free and confidential, and we work on contingency.
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Founding Partner
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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Why Employees Choose Abramson Labor Group
- Employees only. We represent workers, never employers, so we have no conflict with your side of the case.
- 4.5 stars across more than 1,900 Google reviews (as of September 2026).
- Documented results. See our case results. Past results do not guarantee a similar outcome.
- Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
- Help in English and Spanish, with intake also available in Armenian.
What Are California’s Wage and Hour Laws?
California wage and hour laws set your minimum pay, when overtime starts and when breaks are due. They also set how fast your final paycheck must arrive. They are in the Labor Code and the state wage orders, and they often give workers more than federal law. The table below covers the rules behind most unpaid wage claims.
| Rule | What California requires | Source |
|---|---|---|
| Overtime | Over 8 hours a day or 40 a week, plus the seventh consecutive workday | Labor Code 510 |
| Minimum wage | $16.90 an hour in 2026; $20.00 for covered fast food workers; some cities set more | DIR minimum wage page |
| Meal and rest breaks | One extra hour of pay for each workday a required break is missed | Labor Code 226.7 |
| Final pay | Fired: due at once. Quit without notice: due within 72 hours | Labor Code 201, 202 |
| Pay stubs and payroll records | Accurate itemized statements, and a copy of your records within 21 days of a request | Labor Code 226 |
How Does Overtime Work in California?
California’s overtime rules are stricter than federal law. Under Labor Code section 510, “eight hours of labor constitutes a day’s work.” Your employer owes overtime for work beyond that, even if you work fewer than 40 hours in the week. The Labor Commissioner’s overtime FAQ summarizes the rates.
| Hours worked | Pay rate |
|---|---|
| Over 8 hours in a workday, up to 12 | 1.5 times your regular rate |
| Over 40 hours in a workweek | 1.5 times your regular rate |
| First 8 hours on the seventh consecutive day of the workweek | 1.5 times your regular rate |
| Over 12 hours in a workday | 2 times your regular rate |
| Over 8 hours on the seventh consecutive day | 2 times your regular rate |
Your employer owes overtime whether or not it approved the hours. In the Labor Commissioner’s words, “California law requires that employers pay overtime, whether authorized or not.” Your employer can discipline you for breaking a policy. It still has to pay for time it knew or should have known about (DIR overtime FAQ). Read more in can my employer force me to work overtime.
What is the 7-day rule in California?
If you work all seven days of a workweek, the seventh day carries its own overtime. You earn 1.5 times your regular rate for the first 8 hours that day. Every hour after 8 earns double time (Labor Code section 510). This applies even when your total hours for the week stay under 40.
Common Wage Violations We Handle
Wage theft is not always obvious on a pay stub. These are the problems we see most often.
- No overtime after 8 hours in a day, only after 40 in a week
- Being told to work off the clock, before clocking in or after clocking out
- A salary and an “exempt” label without meeting the legal tests
- Being treated as an independent contractor when you work like an employee
- Missed or interrupted meal and rest breaks with no extra pay
- A late or short final paycheck
- Pay stubs that leave out hours, rates or deductions
- Unpaid on-call time at the work site
- Unpaid work expenses, like phone or mileage
- Tips kept by an owner or manager, or commissions never put in writing
Minimum wage
The California minimum wage is $16.90 an hour as of January 1, 2026 (Department of Industrial Relations). Some cities set a higher local rate. Covered fast food chains must pay at least $20.00 an hour. That rate took effect April 1, 2024 (DIR). An agreement to work for less does not waive your right to the legal minimum or to overtime (Labor Code section 1194(a)).
Salaried and “exempt” employees
Being paid a salary does not by itself make you exempt from overtime. As of January 1, 2026, exempt employees generally must earn at least $70,304 a year (DIR). The job duties must also qualify. Learn more in hourly vs. salary employees in California and what counts as full time in California.
Misclassification as a contractor
Contractors are not owed overtime, so some employers label employees as contractors to avoid paying it. California uses a strict test to decide who is an employee. See what to do if you are misclassified as an independent contractor.
Meal and rest breaks
Did your employer fail to provide a required meal or rest period? Then it owes you one additional hour of pay at your regular rate for each workday you missed the break (Labor Code section 226.7). Our guide to California meal and rest break requirements explains the timing rules.
Final pay
If your employer fires you, it must pay your final wages right away (Labor Code section 201). If you quit without notice, they are due “not later than 72 hours thereafter.” If you gave 72 hours’ notice, your employer must pay you on your last day (Labor Code section 202(a)). Late final pay triggers a penalty. Your wages continue “as a penalty from the due date thereof at the same rate until paid,” for up to 30 days (Labor Code section 203(a)). See California final paycheck law and what to do if your final paycheck is late.
On-call and standby time
Time you must spend on call at the work site counts as hours worked “even if the employee does nothing but wait,” according to the Labor Commissioner. On-call time away from work depends on how much the employer restricts you, such as how fast you must respond and where you can go (DLSE call back and standby time).
Tips, commissions and sick pay
Tips belong to the workers they were left for. The law says no employer or agent “shall collect, take, or receive any gratuity or a part thereof” (Labor Code section 351). If commissions are part of your pay, your contract “shall be in writing” and must explain how commissions are computed and paid (Labor Code section 2751). Most employers must also provide at least 40 hours or five days of paid sick leave a year, whichever is more (Labor Commissioner paid sick leave FAQ).
Work expenses
Employers must reimburse necessary work expenses, including many remote-work costs. Read California remote work expenses.
How Can an Unpaid Wages Lawyer Help?
Most wage cases are won or lost on records, and the employer usually holds them. Current and former employees have the right “to inspect or receive a copy of records” about their pay. The employer must comply “no later than 21 calendar days from the date of the request” (Labor Code section 226(b) and (c)). You can also request your personnel file (Labor Code section 1198.5).
A California wage and hour lawyer compares those records with your schedules and notes and rebuilds your unpaid hours. Then the lawyer adds the penalties each violation carries. That math is often where the value of a claim is found. A lawyer can also tell you whether the problem hit other workers, which can change how you bring the claim.
What Can You Recover?
Did your employer pay less than the legal minimum wage or overtime? You can recover “the unpaid balance of the full amount,” plus “interest thereon, reasonable attorney’s fees, and costs of suit” (Labor Code section 1194(a)). Other violations add their own penalties.
| What you may recover | When it applies | Source |
|---|---|---|
| Unpaid wages and overtime, plus interest | Any unpaid minimum wage or overtime | Labor Code 1194 |
| Liquidated damages equal to the unpaid wages and interest | Pay below the minimum wage | Labor Code 1194.2 |
| One extra hour of pay per workday | Missed meal or rest breaks | Labor Code 226.7 |
| Up to 30 days of wages | Late final pay | Labor Code 203 |
| $50 for the first pay period, $100 for each later one, up to $4,000 | Knowing and intentional pay stub violations | Labor Code 226(e) |
| Attorney’s fees and costs | Minimum wage and overtime claims | Labor Code 1194 |
When violations affect many workers, employees may also bring a claim under the Private Attorneys General Act. Our PAGA claims article explains how.
Can My Employer Retaliate for a Wage Complaint?
No. No one may “discharge an employee or in any manner discriminate, retaliate, or take any adverse action” against an employee for asserting wage rights. The law also presumes that action within 90 days of the complaint is retaliatory (Labor Code section 98.6). The law also protects talking about pay with coworkers, as explained in can you discuss wages with coworkers. See our retaliation page.
How Long Do I Have to Act?
Deadlines depend on the type of claim. According to the Labor Commissioner, the general limits for a wage claim are:
| Type of claim | General deadline |
|---|---|
| Minimum wage, overtime, meal and rest breaks, illegal deductions, unpaid reimbursements | 3 years |
| Written contract | 4 years |
| Oral promise to pay more than minimum wage | 2 years |
Unpaid wages from older pay periods can drop out of reach as time passes. It is worth having a lawyer review your pay records early. Our article on how long a wage claim takes in California explains the timeline.
Industries We Serve
Wage violations are common in hourly, shift-based work. We represent workers in restaurants, fast food, warehouses and fulfillment centers, hotels and hospitality, and construction.
Serving Employees Across California
We represent workers owed unpaid wages and overtime in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. In Los Angeles, see our Los Angeles unpaid overtime lawyer and Los Angeles wage theft lawyer pages.
Frequently Asked Questions
How much does a wage and hour lawyer cost?
We do not bill by the hour. We work on contingency, so you do not pay anything unless we win. The first consultation and case evaluation are free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
What kind of lawyer do I need for unpaid wages?
An employment lawyer who represents employees in wage and hour claims. Look for a firm that handles California Labor Code claims, works on contingency and represents workers, not employers. Our guide to contingency fees explains how payment works.
Can I recover unpaid wages regardless of immigration status?
Yes. California law says its protections, rights and remedies “are available to all individuals regardless of immigration status” who have worked in the state. The one exception is a reinstatement remedy that federal law prohibits (Labor Code section 1171.5). You do not need an immigration lawyer to bring a wage claim.
Is 50 hours a week overtime?
Yes. Work over 40 hours in a workweek is overtime, so a 50-hour week includes at least 10 hours at 1.5 times your regular rate (Labor Code section 510). Long days can add more, because hours over 12 in a day earn double time.
How do I claim unpaid wages?
There are two main routes. One is a wage claim with the Labor Commissioner. The other is a lawsuit, where unpaid minimum wage and overtime can be recovered in a civil action with fees and costs (Labor Code section 1194). The better route depends on the amount, the penalties and whether coworkers were affected. An employment attorney can evaluate which fits your situation.
My employer said I agreed to no overtime. Is that legal?
No. Your right to minimum wage and overtime applies “notwithstanding any agreement to work for a lesser wage” (Labor Code section 1194(a)).
Do I get overtime if I am paid a salary?
Possibly. Your salary may fall below the 2026 exempt minimum of $70,304 a year, or your duties may not meet an exemption. Either way, your employer may owe you overtime (DIR).
Can I bring a wage claim while I still work there?
Yes. The law bars retaliation against an employee who asserts wage rights. It also presumes that adverse action within 90 days of a complaint is retaliatory (Labor Code section 98.6). Our guide to suing your employer while still employed covers what to expect.
What is the 72-hour rule in California?
It is the final pay deadline when you quit without notice. Your employer must pay all final wages within 72 hours. If you gave at least 72 hours’ notice, your wages are due on your last day (Labor Code section 202(a)).
Who gets $20 an hour in California?
Workers at covered fast food restaurants. Since April 1, 2024, covered employers must pay them at least $20.00 an hour (DIR). Coverage generally applies to limited-service restaurants in chains with at least 60 locations nationwide (DIR fast food FAQ).
What happens if my pay stub is wrong?
Your employer may owe a penalty. A knowing and intentional pay stub violation lets you recover the greater of actual damages or $50 for the first pay period. Each later pay period adds $100, up to $4,000, plus fees and costs (Labor Code section 226(e)).
What changed for hourly workers in 2026?
The state minimum wage rose from $16.50 to $16.90 an hour on January 1, 2026, which raised the exempt salary minimum to $70,304 a year (DIR). On January 1, 2027, the minimum wage rises to $17.40 and the exempt salary minimum to $72,384 (DIR 2027 announcement). Check your pay stub for the new rate after each January 1.
What records should I keep?
Keep your pay stubs, schedules, and your own notes of the hours you worked and breaks you missed. Write down dates while you remember them. Do not take confidential company files.
Request a Free Case Review
Think your employer owes you wages or overtime? We can review your pay records and explain your options. Request your free case evaluation, contact us online, or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.