California – Wage and Hour Lawyer
CALIFORNIA
California Wage and Hour Lawyer
Aggressive Advocates Fighting Wage Theft
They Stole Your Wages. We’re Going to Make Them Pay.
You put in the hours. You did the work. You held up your end of the deal.
Your employer didn’t hold up theirs.
Maybe they didn’t pay overtime. Maybe they made you work through lunch. Maybe they shaved time off your clock or called you an “independent contractor” to avoid paying what they owe.
That’s not a mistake. That’s theft. And in California, it’s illegal.
The California wage and hour lawyers at Christopher Ellison Law are relentless advocates for workers who’ve been cheated by their employers. We don’t just recover what you’re owed—we make sure your employer pays penalties for breaking the law.
We represent workers throughout California who have been victims of wage theft, including in Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County.
California Wage and Hour Laws
California has some of the strongest wage protections in the country. Your employer is required to follow them—no exceptions, no excuses.
- California Labor Code Section 510: Overtime pay for work beyond 8 hours per day or 40 hours per week.
- California Labor Code Section 512: Meal periods for employees working more than 5 hours.
- California Labor Code Section 226: Accurate, itemized wage statements every pay period.
- Industrial Welfare Commission Wage Orders: Detailed requirements for specific industries.
When employers violate these laws, they face penalties—and you’re entitled to recover.
Types of Wage Theft We Fight
Unpaid Wages
You worked. You didn’t get paid. That’s wage theft in its purest form.
Unpaid wage violations include:
- Not paying for all hours worked
- Unauthorized deductions from your paycheck
- Failure to pay final wages when you leave
- Not reimbursing required business expenses
- Bounced paychecks or delayed payments
- Failure to pay promised commissions or bonuses
Unpaid Overtime
California law is crystal clear: overtime must be paid at premium rates. Too many employers ignore this.
California overtime requirements:
- Time and a half (1.5x): Hours over 8 in a day, over 40 in a week, or first 8 hours on the 7th consecutive workday
- Double time (2x): Hours over 12 in a day or over 8 on the 7th consecutive workday
Common overtime violations:
- Not paying any overtime
- Paying straight time instead of overtime rates
- Averaging hours across weeks to avoid overtime
- Misclassifying you as exempt
- Making you work off the clock
- Rounding time to avoid overtime triggers
Meal Break Violations
You’re entitled to meal breaks. If your employer denied them or made you work through them, they owe you money.
California meal break requirements:
- 30-minute unpaid meal break for shifts over 5 hours
- Second 30-minute meal break for shifts over 10 hours
- Breaks must begin before the end of the 5th hour
- You must be completely relieved of all duties
- You must be free to leave the premises
If your employer violated meal break rules, you’re entitled to one hour of pay for each violation.
Rest Break Violations
California requires paid rest breaks. If you didn’t get them, your employer owes you.
California rest break requirements:
- 10-minute paid rest break for every 4 hours worked (or major fraction)
- Breaks should be in the middle of each work period
- You must be completely relieved of all duties
- Rest breaks cannot be combined with meal breaks
For each workday a rest break is denied, you’re entitled to one hour of pay.
Minimum Wage Violations
California’s minimum wage is among the highest in the nation. If you’re paid less, your employer is breaking the law.
2025 California Minimum Wage Rates:
- Statewide: $16.50/hour
- Fast Food Workers: $20.00/hour
- Healthcare Workers: Higher rates depending on facility type
- Local Rates: Many cities require even higher minimums
Employee Misclassification
Your employer called you an “independent contractor” or “exempt employee.” But titles don’t determine your rights—your actual work does.
Misclassification violations include:
- Calling you an independent contractor when you’re really an employee
- Labeling you “exempt” when you don’t meet the legal requirements
- Using misclassification to avoid overtime, benefits, and protections
If you’ve been misclassified, you’re entitled to all the wages, overtime, and benefits you were illegally denied.
Off-the-Clock Work
If you’re working, you must be paid. Period.
Off-the-clock violations include:
- Required work before clocking in
- Work after clocking out
- Working during “unpaid” breaks
- Checking emails or taking calls after hours
- Mandatory meetings or training without pay
California Overtime Rules
California overtime laws protect workers better than federal law. Here’s what you’re owed:
Time and a Half (1.5x):
- Hours over 8 in a single day
- Hours over 40 in a single week
- First 8 hours on the 7th consecutive day of work
Double Time (2x):
- Hours over 12 in a single day
- Hours over 8 on the 7th consecutive day of work
Note: Not all employees qualify for overtime. But many employers improperly classify workers as “exempt” to avoid paying. If you’re classified as exempt but don’t meet the legal requirements, you’re owed overtime for every hour you worked over the limits.
Meal and Rest Break Rules
Meal Break Requirements:
- 30-minute unpaid break for shifts over 5 hours
- Second 30-minute break for shifts over 10 hours
- Must begin before the end of the 5th hour (and 10th hour for second break)
- You must be relieved of ALL duties
- You must be free to leave
Rest Break Requirements:
- 10-minute paid break for every 4 hours (or major fraction)
- Should be in the middle of the work period
- You must be relieved of ALL duties
Penalties: One hour of pay at your regular rate for each violation, per workday.
Statute of Limitations for Wage Claims
Don’t let your claims expire.
- Unpaid Wages/Overtime: Three (3) years
- Labor Code Penalties: One (1) year
- Written Contract Breach: Four (4) years
Frequently Asked Questions
I worked over 40 hours but didn’t get overtime. What can I do?
If you’re a non-exempt employee and worked overtime without proper pay, you have a wage claim. We’ll calculate what you’re owed—including back pay, interest, and penalties—and fight to recover it.
Can my employer make me work through lunch?
No. California law requires duty-free meal breaks. If you’re required to work through lunch, stay on-call, or can’t leave the premises, your employer owes you one hour of premium pay per violation, plus compensation for time worked.
What is a class action wage case?
If your employer’s wage violations affected multiple employees (which they usually do), a class action allows workers to join together and sue collectively. This increases pressure on the employer and can result in larger total recoveries.
Can I be fired for complaining about unpaid wages?
No. Retaliation for asserting wage rights is illegal. If your employer fires, demotes, or punishes you for complaining, you’ll have an additional retaliation claim.
What if my employer pays me in cash?
Cash payment doesn’t exempt your employer from wage laws. They still must pay minimum wage, overtime, and provide breaks. Cash payment often indicates other violations we can uncover.
How do I know if I’m exempt or non-exempt?
Exemption depends on your actual duties and salary, not your job title. To be exempt in California, you generally must earn at least twice minimum wage and spend more than 50% of your time on exempt duties. Many “exempt” employees are misclassified.
You Earned It. Let’s Get It Back.
Your employer thought they could cheat you. They thought you wouldn’t notice, wouldn’t care, or wouldn’t fight back.
They were wrong.
Christopher Ellison Law fights for workers who’ve been denied the wages they earned. We recover back pay, penalties, interest, and attorney fees—and we make employers think twice before stealing from workers again.
What You Get With Us:
- California Labor Code Expertise – We know wage law inside and out
- Individual and Class Actions – We handle cases of all sizes
- No Upfront Costs – You pay nothing unless we win
- Statewide Representation – Serving all of California
- Aggressive Recovery – We fight for every dollar plus penalties
Our wage and hour lawyers serve clients throughout California, including Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County.
Christopher Ellison Law California Wage and Hour Lawyer Serving All of California.
You Earned It. We’ll Get It Back.
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