Ferraro Vega Employment Lawyers When you show up for work in California, you’re protected by some of the strongest wage laws in the country. That includes your right to a fair minimum wage. But just because those rights exist doesn’t mean every employer follows them. Some may underpay you, delay your paycheck, or misclassify your role to avoid paying what you’re owed.
If your wages have been shorted, you don’t have to just accept it. You have options–and we’re here to make those options clear and doable. Set up a free consultation today.
Should You Hire a Lawyer for a Minimum Wage Claim in California?
Technically, you can file a wage claim on your own. But let’s be honest–standing up to your employer, gathering paperwork, and going through the legal process is a lot to take on, especially when you’re already missing pay. That’s where we come in. Here’s how we can help you:
- Break down your rights under California wage laws
- Help you gather time records, pay stubs, and any other proof you need
- Communicate with your employer and their legal team
- Take legal action if negotiations don’t go anywhere
You shouldn’t have to carry the stress of a wage violation alone. Whether your boss is underpaying you, not giving you breaks, or trying to make you feel powerless–we’re here to step in, support your claim, and help you recover what you’re rightfully owed.
What is California’s Minimum Wage Law?
The starting point of any wage violation claim is pretty straightforward: you have to show you weren’t paid correctly. When it comes to minimum wage in California, your actual job factors in. Generally, the minimum wage is:
- $16.50 per hour for all employees
- $20.00 per hour for fast food workers
- Higher than $16.50 per hour for healthcare workers
The law is clear, but that doesn’t always stop some employers from cutting corners to help their own bottom line. And unfortunately, those shortcuts often come at your expense. Here are some of the most common ways you might experience
- Paying you below the legal rate – This is the most direct violation: your employer pays you an hourly rate that’s lower than the minimum wage.
- Unpaid off-the-clock work – You’re asked to start early, stay late, or handle tasks before or after your shift–but those hours aren’t on your paycheck.
- Illegal deductions – Your employer takes out money for uniforms, equipment, or other charges that drop your wages below the legal minimum.
- Misclassification – You’re labeled as an independent contractor or an “exempt” employee, even though your job duties say otherwise–just so they can avoid paying minimum wage.
Any of these tactics can leave you making less than what the law says you’re owed. And when that happens, it’s more than just a violation–it can mean missed rent, skipped groceries, and extra stress on your family. And while you have rights, it’s all about taking the right steps first.
How Do You Prove a Minimum Wage Violation in California?
When your paycheck doesn’t reflect the hours you’ve worked, it can feel like you’re stuck with no way to push back. Even if you’re being paid less than minimum wage in California, you still have to show that it’s happening. The good news (relatively speaking) is that proving a minimum wage violation is usually pretty straightforward. Here are some common ways you can do it:
- Pay stubs – These are often the clearest proof. They show your hourly rate and total hours–and can reveal if your employer is shortchanging you.
- Timesheets or work schedules – Whether you clock in on paper or through an app, keep a copy of your hours. If you’re not being paid for all of them, that’s evidence.
- Bank statements – If your checks bounced or your direct deposits don’t match your hours, your bank records can help back up your claim.
- Texts, emails, or notes from your employer – Any message about your pay–especially if it mentions unpaid time or reduced wages–can support your case.
Minimum wage isn’t just a suggestion in California—it’s the law. If your employer isn’t following it, we can help you figure out what to do next and walk you through each step.
What Can You Do if You’re Not Paid Minimum Wage in California?
Getting paid less than the legal minimum can feel like a slap in the face–especially when you’re already working hard to stay afloat. The truth is, you’re not powerless. California gives you a few different ways to take action, depending on your situation. Here’s what the process looks like in most cases:
- Talk to your employer – Sometimes, it’s worth raising the issue directly with your employer. Show them your records. Ask for what you’re owed. But if they ignore you or push back, don’t stop there.
- File a wage claim with the California Labor Commissioner – If talking doesn’t work, you can file a claim through the Labor Commissioner’s Office. You’ll need to include your evidence–like pay records, timesheets, or written communication.
- Go to a hearing – If your claim moves forward, you may be asked to attend a hearing. You’ll get the chance to explain your case, present your evidence, and let the state decide if your rights were violated.
- Consider a lawsuit – If your case is more complicated, or if a hearing doesn’t resolve things, you may need to file a lawsuit. That’s something our team can help you explore. In many cases, you may be able to recover:
- Unpaid wages
- Interest
- Additional damages
- Attorney’s fees and court costs
Many times with pay violations, you’re not the only one going through it at your job. If you talk to your coworkers who are experiencing similar treatment, you might be able to band together and file a class action lawsuit, as well.
Every case is different, and your next step depends on what’s going on at your job. But one thing is consistent: if you’re not being paid minimum wage, you shouldn’t have to figure it all out alone.
Talk to California Employment Lawyers That Are In Your Corner
Wage violations are rarely a one-time mistake. If your employer isn’t paying you fairly, chances are it’s not just happening to you. Ferraro Vega Employment Lawyers is here to help you take action–not just for yourself, but for your coworkers who may be in the same spot. Let’s talk about what’s been happening and how we can help make it right.
If you’re dealing with missing wages in California, we’re ready to listen and guide you through what comes next—starting with a free consultation.