Your job is your livelihood, and you deserve to be paid for every moment you spend working. This may seem like common sense, but the reality is that some employers allow their employees to go without the proper pay or are unpaid altogether, either through negligence or intentional misconduct. If you suspect you’re being underpaid or you have unpaid overtime in California, it’s recommended that you hire a wage and hour lawyer to help you with your claim.
It’s important to understand California overtime laws in order to recover the compensation you’re rightfully owed from an employer. The good news is that it is possible to recover wages that your employer owes you. A California wage and hour attorney can help you gather the right evidence, file your claim, and navigate the administrative and legal processes that follow.
California Wage and Hour Laws
As of March 2026, California’s labor force participation was at 62.3 percent. It’s estimated that 19,657,894 people make up California’s workforce as of 2026. Wage-and-hour laws cover protections in the workplace for breaks, minimum wage, overtime pay, and what to do if you believe any of your rights are being violated.
Since the pandemic, employment litigation at the federal level has been on the rise. The Central District of California has handled the most federal employment litigation in the nation in recent years. Between 2023 and 2025, the Central District handled more employment cases than any other federal district in the nation.
Some of the most litigated employment issues in California include employee misclassification and overtime violations. Employee misclassification refers to incorrectly categorizing workers in order to avoid paying them minimum wage, overtime, or payroll taxes. If a full-time employee is classified as an independent contractor, they can miss out on essential benefits like workers’ compensation and insurance.
If you suspect your employee rights are being violated, it’s recommended that you hire a wage and hour lawyer to help you through the process. Your attorney can help you understand California overtime laws and secure a fair resolution for your case.
Recovering Unpaid Overtime in California
Under California law, all non-exempt employees are entitled to 1.5x their regular pay if they work over 40 hours in one workweek. If they work more than 12 hours in a single day, they’re entitled to twice the regular rate.
If you’ve been working overtime without pay, there are avenues for recovering the wages you’re rightfully owed. A California wage and hour attorney can help you follow the appropriate steps for recovery, including:
- Gathering hard evidence that proves your work went unpaid
- Communicating with your employer about the violation
- Submitting a claim through the California Labor Commissioner’s Office
- Filing a legal claim with your local Superior Court of California
In addition to being compensated for the unpaid overtime, you’re also legally entitled to any interest that accrued, as well as additional penalties if you prove your employer was intentionally withholding overtime.
FAQs
How Do I File a Wage and Hour Claim in California?
How you file a wage and hour claim in California starts with gathering enough evidence to have a case. Gather proof of hours and wages, as well as your employment contract. When you’re ready to file, you can do so with the California Labor Commissioner’s Office.
The Division of Labor Standards Enforcement (DLSE) is likely going to schedule an informal conference to let you and your employer resolve matters without going to trial. If unsuccessful, you may go to court.
How Long Do Wage and Hour Cases Take in California?
How long wage and hour cases take in California can vary depending on the details of the situation. Many employment claims settle out of court through state or federal administrative avenues, which can be faster than litigation.
Even so, final timelines ultimately depend on whether everyone is cooperative. If you’re unable to reach an agreement, you can pursue legal action. Litigation is likely going to take longer than settling through administrative channels due to busy court schedules.
Do I Have to Go to Court for a Wage and Hour Case in California?
No, you don’t have to go to court for a wage and hour case in California. Before litigation, you can attempt to resolve matters with your employer directly by filing a complaint with the Human Resources department.
You can also file a claim with the California Civil Rights Department (CRD), California Labor Commissioner’s Office, or the federal Equal Employment Opportunity Commission (EEOC) to reach a resolution for your claim. If the administrative claims process is unsuccessful, you can go to trial.
What Do I Do if My Employer Fires Me After a Wage and Hour Case in California?
What you do if your employer fires you after a wage and hour case in California ultimately depends on whether or not you can prove your termination was related to the outcome of the case. Unfortunately, this can be difficult because California is an at-will employment state.
This means that employers can terminate you for any lawful reason. If you expect unlawful retaliation, it’s on you to gather the right evidence to support your claim. An employment lawyer can help.
Hire a Wage and Hour Lawyer to Learn More About Your Options Under California Employment Law
Navigating any type of wage and hour claim can be stressful, especially if you’re trying to represent yourself. It’s important that you understand how to navigate both the administrative process and legal process for wage and hour claims in California. It’s highly recommended that you hire a wage and hour lawyer to represent you.
Our lawyers at Kristy & Kananen have been leveling the playing field for decades against powerful opponents across various industries. We’re familiar with California employment laws, and we’re not afraid to advocate for employees, even when we’re facing big corporations. If you’re ready to discuss your case in more detail with an employment lawyer, look no further than Kristy & Kananen.
Our office is located in Long Beach on Kilroy Airport Way. Contact the office to set up a consultation with our team today.
