California Wage and Hour Lawyer

Wage and Hour

Fighting for Every Dollar You’ve Earned

In California, your paycheck is more than just a number—it is a legal right. Despite the state having some of the most protective labor laws in the country, wage theft remains a multi-billion-dollar problem. Every year, thousands of hard-working Californians are cheated out of their rightful earnings through unpaid overtime, missed breaks, and illegal tip withholding.

Ezoory Labor Law is committed to providing employees with aggressive and passionate legal advocacy. We provide the highest quality of legal services to help resolve cases and defeat workplace discrimination. We are dedicated to guarding workers’ rights and defending employees throughout California.

If your employer has failed to pay you the minimum wage, denied you overtime pay, or forced you to work "off the clock," you need a dedicated California wage and hour lawyer on your side. We don't just ask for what you’re owed; we demand it.

Understanding California Wage and Hour Laws (2026 Update)

As of January 1, 2026, California has implemented several critical updates to labor protections that every employee should know. Staying compliant is the employer's responsibility, and failing to do so gives you the right to take legal action.

The 2026 Minimum Wage and Salary Thresholds

Under California Labor Code section 1182.12, the statewide minimum wage has increased.

Statewide Minimum Wage

$16.90 per hour for all employers, regardless of size.

Exempt Salary Threshold

To be considered an "exempt" (salaried) employee who does not receive overtime, you must now earn at least $70,304 per year.

Industry-Specific Floors

Certain industries, such as fast food and healthcare, have even higher minimum wage requirements (often $20.00+ per hour).

If you are earning less than these amounts, or if you are classified as "exempt" but earn less than the $70,304 threshold, you may have a significant claim for back wages.

Common Wage and Hour Violations in California

Wage theft is rarely as simple as a missing paycheck. It is often buried in complex payroll calculations or "company policies" that violate the law. If you recognize any of the following, consult a wage and hour lawyer immediately.

Unpaid Overtime and Double Time

California law is strict: if you work more than 8 hours in a day or 40 hours in a week, you must be paid 1.5x your regular rate. If you work more than 12 hours in a day, you must receive double time (2x).

The "Regular Rate" Trap

Many employers calculate overtime based only on your base hourly rate. However, your "regular rate" must also include bonuses, commissions, and shift differentials.

Missed Meal and Rest Break Penalties

For every day your employer fails to provide a compliant 30-minute meal break (before the 5th hour) or a 10-minute rest break, they owe you one additional hour of pay at your regular rate. If they deny both, they owe you two hours of pay per day.

Misclassification of Employees

Employers often label workers as "Independent Contractors" or "Salaried Managers" to avoid paying overtime and benefits. In California, the ABC Test makes it very difficult for an employer to prove that you are an independent contractor. If your boss controls how, when, and where you work, you are likely an employee entitled to full protection.

Off-the-Clock Work

Did your manager ask you to "clean up" after you clocked out? Or answer emails on your phone during your unpaid lunch? Every minute you spend under your employer's control is compensable time. A wage and hour attorney can help you recover pay for this stolen time.

Illegal "Stay-or-Pay" Clauses (New for 2026)

Effective January 1, 2026, AB 692 prohibits most "stay-or-pay" provisions. These are contracts where an employer forces you to repay training costs, relocation stipends, or sign-on bonuses if you leave your job early. If your employer is trying to "claw back" your pay, they may be in violation of this new law.

The Private Attorneys General Act (PAGA)

California is unique because of PAGA, which allows "aggrieved employees" to sue their employers on behalf of the State of California to recover civil penalties for Labor Code violations.

Strength in Numbers

You can seek penalties not just for yourself, but for all your coworkers who were also cheated.

No Class Certification Needed

PAGA claims can often proceed where traditional class actions might be blocked by arbitration agreements.

Our wage and hour lawyers are experts in navigating PAGA claims to maximize the pressure on unscrupulous employers.

Damages: What Can You Recover?

A successful wage and hour claim doesn't just return your lost money; it penalizes the employer for the delay. You may be entitled to:

Unpaid Wages

The full amount of every dollar withheld.

Liquidated Damages 

An additional amount equal to your unpaid minimum wages (essentially doubling your recovery for that portion).

Waiting Time Penalties 

If you left your job and weren't paid on time, you may be entitled to up to 30 days of pay as a penalty.

Interest and Attorney’s Fees

The law requires the employer to pay your legal fees if you win, meaning you keep more of your settlement.

Contact a California Wage and Hour Lawyer Today

At Ezoory Labor Law, we believe that "close enough" isn't good enough when it comes to your pay. We are dedicated to defending employees all throughout California—from the central valley farms to the high-rise offices of San Francisco.

Call us today for a free, confidential case evaluation. Let our wage and hour lawyers fight to get you every cent you are owed.

Frequently Asked Questions

Can I sue my employer while I am still working there?

Yes. You do not need to quit or be fired to file a wage claim. California law strictly prohibits retaliation against any employee who stands up for their wage rights. If they fire or demote you for filing a claim, you may have an additional, high-value lawsuit for retaliation.

My employer says I am an "Independent Contractor." Can I still get overtime?

Labels do not matter; facts do. If you perform work that is part of the company's regular business and they control your work, you are likely an employee under the ABC Test. A wage and hour attorney can help reclassify you and recover years of unpaid overtime.

How far back can I go to claim unpaid wages?

In California, the statute of limitations for most wage claims is three years. However, if we can prove a "breach of contract" or "unfair business practices," we can often extend that reach to four years. For certain pay discrimination claims in 2026, we may even look back up to six years.

What if my employer keeps my tips?

Under SB 648, effective 2026, the Labor Commissioner has expanded authority to cite employers for "tip theft." Gratuities are the property of the employee, not the house. Employers cannot use your tips to satisfy their minimum wage obligations.

Do I have to pay for my own work equipment?

No. Under Labor Code 2802, employers must reimburse you for all "necessary expenditures" incurred in direct consequence of your duties. This includes personal cell phone use for work, mileage, uniforms, and tools.

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If you believe your workplace rights have been violated, Ezoory Labor Law is here to help.

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