Ferraro Vega Employment Lawyers helps workers protect their rights throughout California. One of the most common issues you run into at work is when you’re not paid correctly. It’s one of the most basic rights you and any other worker has. So, when your employer fails–or worse, knowingly tries to–pay you incorrectly, we can help. Contact us today for a free consultation to talk about your options.

Should You Get a Lawyer?

When you’re not getting paid properly, it can feel overwhelming and frustrating. It’s seemingly the easiest thing for your employer to do, and yet, this is one of the most common ways that your workplace rights get violated. So, should you get a lawyer? It depends on the situation, but it’s important to remember you have options, and our team can help you with them by:

  • Explaining your rights and legal options
  • Collecting and putting together evidence
  • Negotiating with insurance companies or your employer directly to fix the situation
  • Representing you in court or in mediation
  • Protecting you against unlawful retaliation

Like any claim, you’re not actually required to have a lawyer in California. But, especially in situations where you’re not being paid properly, having our team on your side can be hugely beneficial. We can make the process easier for you while you focus on your day-to-day work.

What Do You Need to Do If You Aren’t Being Paid Correctly?

A huge part of any employment law claim–including unpaid wages–is actually establishing that a violation has occurred. You might think this is fairly easy when there’s unpaid wages, since you were either paid correctly or you weren’t.

While this is largely true, in practice, this can be more complicated. Our team is here to help guide you through the process, but here’s what you’ll likely need to do if you have unpaid wages:

  • Document everything – Keep detailed records of your hours worked, paystubs, and any other problems with your pay. This includes tracking missed payments or overtime that hasn’t been paid.
  • Save messages – Keep copies of any written communication, like emails or text messages from your employer, that relate to your pay.
  • Know your rights – Every worker has a right to be paid correctly under the law. But it’s also helpful to familiarize yourself with California wage and hour laws so you understand what you’re entitled to.
  • Talk to your employer – Before taking action, you can always discuss the issue with your employer or HR department to see if it can be resolved internally. Most of the time, this saves everyone the trouble of a claim.

Basically, there’s any number of steps you can take to respond to not being paid correctly. What’s important to remember is that, outside of your employer doing the right thing, you have even more options if they won’t cooperate.

What Are Your Legal Options For Unpaid Wages in California?

When your employer violates your wage or hour rights, it can be very frustrating and can seriously impact your finances and family life. Fortunately, there are legal actions you can take if you believe you’re not being paid correctly or are being pressured into unpaid work. Usually, this includes things like:

  • File a Complaint with the Labor Commissioner’s Office – One of the most effective steps after experiencing wage violations is to file a complaint with the California Labor Commissioner’s Office. This agency enforces the labor code, investigates claims, and can order your employer to pay you any unpaid wages.
  • File a civil lawsuit – You also have the option to file a lawsuit in court against your employer for violating wage and hour laws. Our team can help guide you through this process, making sure you have the best chance to recover the wages you are owed.
  • Join a class action lawsuit – If your employer’s wage violations have affected other employees, you might be eligible to join a class action lawsuit. This type of legal action allows multiple employees to collectively sue their employer for the same violations.

All of these options give you ways to fight back against your employer not paying you correctly. But the main point of any having these options is to recover certain “damages” that you’ve experienced because of your mistreatment. In a typical unpaid wages claim, this is going to revolve around:

  • Unpaid or lost wages, plus interest
  • Liquidated damages (this effectively doubles your lost wages)
  • Wages for unpaid meal or rest breaks, or waiting time
  • Out of pocket costs
  • Attorneys fees
  • Emotional distress

The damages you can claim all depend on the specifics of your case, but putting together a strong claim is essential for getting your damages. Equally as important, though, is filing within three yearsof your last unpaid wage. Miss this deadline, and you can’t file a claim at all.

How Does Unpaid Wages Happen to You in California?

In most cases, “unpaid wages” doesn’t mean you aren’t paid at all. Instead, it often involves “wage theft,” where you’re not fully paid for your work. Obviously, this can happen in a variety of ways, but usually involves:

  • Working “off the clock” – When you’re required to work before or after your scheduled shift without pay.

  • Travel time – If you need to travel between job sites or for work-related tasks during your shift, this time must be paid. If it isn’t, it counts as unpaid work.

  • Waiting time – This happens when you’re required to wait for work-related tasks, such as deliveries or customers, without pay.

  • Training time – If you attend training or meetings outside your regular work hours without being paid, it counts as unpaid work.

  • Pre-shift and post-shift tasks – Activities like changing into work attire, setting up equipment, or cleaning up after work can qualify as paid work under California law.

  • Missed meal and rest breaks – California law requires employers to provide uninterrupted meal and rest breaks. If you have to work during these breaks, you should be compensated.

  • Misclassification – Employers may misclassify employees as independent contractors or “exempt” workers to avoid paying for all hours worked, including overtime.

These protections mainly apply to hourly workers, who make up a significant portion of California’s workforce. Knowing your rights and how to take action is crucial if you face unpaid wages.

Which Workers Are Vulnerable to Unpaid Wages in California?

There’s no worker in California that’s not vulnerable to unpaid wages. That said, not being paid fairly or correctly is also something that can happen suddenly, especially for workers in the following industries:

  • Retail and service industry – Employees in stores, restaurants, and service roles may be pressured to work off the clock, skip breaks, or complete extra tasks without pay.

  • Construction – Workers often deal with unpaid wages for tasks like waiting time, traveling between job sites, or other work-related activities outside standard hours.
  • Healthcare – Nurses, aides, and support staff might work during breaks or be required to attend training or meetings without being compensated.

  • Warehouse and logistics – Employees handling shipments and inventory can face unpaid pre-shift or post-shift activities, such as setup and cleanup.

  • Temporary and seasonal workers – These employees may be at risk of misclassification or may not be paid for all their hours due to the temporary nature of their work.

Even though unpaid wages can affect any hourly worker in California, knowing your rights and preparing for a potential claim is vital. That’s where our team can help you by explaining your rights and setting you up for success.

Frequently Asked Questions

Can I file a claim for unpaid wages if I’m a salary worker?

No. Unpaid wage violations only apply to hourly workers in California. However, you can still take legal action against your employer for breach of contract, etc.

How long do I have to file a wage claim in California?

You generally have three years from the date of your last unpaid wage to file.

Who handles unpaid wage claims in California?

The Labor Commissioner’s Office’s Division of Labor Standards Enforcement (DLSE).

Contact Ferraro Vega For Unpaid Wages in California

Facing unpaid wages or incorrect pay can be extremely stressful. At Ferraro Vega, our team of experienced employment lawyers is here to help you understand your legal options and stand by your side to hold your employer accountable under California law. Contact us today for a free consultation and take the first step toward reclaiming what you’re owed.