A wage and hour lawyer helps you recover pay you earned but did not receive, from unpaid overtime to missed meal and rest breaks. California wage law is detailed and strict. The rules matter whether you were underpaid as an employee or you are an employer trying to stay compliant. At Vaksman Khalfin, we handle both sides: recovering wages for workers and advising businesses on audits and defense.
Key Takeaways
- California overtime is generally 1.5 times your regular pay after 8 hours in a day or 40 in a week, and double time in some cases.
- If you were not paid all you earned, Labor Code section 1194 lets you recover unpaid wages, and it can shift attorney fees and costs.
- A missed meal or rest break can entitle you to one extra hour of pay for each type, under Labor Code section 226.7.
- Employers also need guidance, and we advise on pay audits, wage statements, and defending claims.
- Talk with a wage and hour lawyer for free. Call 877-780-4727.
How California overtime pay works
California counts overtime by the day, not only by the week. Under Labor Code section 510, most hourly employees earn extra pay once they pass certain daily and weekly limits. The rate depends on how long the shift runs and whether it falls on a seventh straight workday.
| When it applies | Pay rate |
|---|---|
| More than 8 hours in a workday, up to 12 | 1.5 times regular rate |
| More than 40 hours in a workweek | 1.5 times regular rate |
| First 8 hours on the 7th consecutive workday | 1.5 times regular rate |
| More than 12 hours in a workday | 2 times regular rate (double time) |
| More than 8 hours on the 7th consecutive workday | 2 times regular rate (double time) |
Some salaried employees can be exempt from overtime, and special rules apply in certain industries. If your paychecks never reflect overtime, that is worth a closer look.
Recovering unpaid wages
If your employer did not pay everything you earned, you can pursue the unpaid amount. Labor Code section 1194 lets employees recover unpaid minimum wage and overtime. It also allows recovery of reasonable attorney fees and costs. That fee provision can make a claim practical even when the dollars owed are modest.
On the employer side, we review payroll and timekeeping practices to catch problems early, before they grow into a claim.
Meal periods and rest breaks
California gives most employees time to eat and rest during the workday. Under Labor Code section 512, an employee who works more than 5 hours is generally entitled to a 30-minute meal period. That meal can be waived when the shift is 6 hours or less. A second 30-minute meal applies when a shift runs more than 10 hours.
California also requires paid rest breaks during the workday. The Industrial Welfare Commission wage orders generally call for a paid 10-minute rest break for every 4 hours worked, or major fraction of that time, and no rest break is required when total daily work time is less than 3.5 hours. When an employer does not provide a compliant meal or rest period, Labor Code section 226.7 entitles the employee to one extra hour of pay at the regular rate. That premium applies per type of break missed, so a single day can create more than one hour of premium pay.
Wage statements and final paychecks
Your pay stub and your last paycheck each follow specific rules. Labor Code section 226 requires employers to give accurate, itemized wage statements. When a stub is wrong or leaves out required detail, that can support a claim.
Labor Code section 203 covers final pay. If an employer willfully fails to pay all final wages on time, the employee may recover a full day of wages as a penalty for each late day, up to 30 days. Final pay is due at the time of discharge. If an employee quits without notice, final pay is generally due within 72 hours.
Minimum wage and exempt salaries
California’s minimum wage is $16.90 per hour, effective January 1, 2026. Some cities and counties set a higher local minimum, so the rate where you work may be more.
Salary alone does not remove overtime rights. To treat an employee as exempt from overtime, an employer generally must pay a salary of at least twice the state minimum wage for full-time work. A salary set below that level can leave the employer owing overtime.
When misclassification causes wage violations
Being labeled an independent contractor does not always make it correct. Misclassified workers often miss out on overtime, meal and rest premiums, and reimbursement of business expenses under Labor Code section 2802. If you think you were misclassified, our California employee misclassification page explains the ABC test and what it can mean for your pay. Employers can also ask us to review their contractor arrangements before an audit or claim.
PAGA and class actions
When a wage problem affects many workers, one case can cover the group. The Private Attorneys General Act, Labor Code section 2698 and following, lets an aggrieved employee seek civil penalties for Labor Code violations on behalf of the state and other employees. PAGA has its own notice steps. Group wage disputes can also proceed as class actions. For larger or group matters, we draw on the firm’s California civil litigation practice.
How We Help
We work both sides of California wage and hour law.
For employees, we review pay records, calculate what you may be owed, and pursue unpaid wages, overtime, and break premiums. Much employee-side work can be handled on a contingency fee, so you generally pay nothing unless there is a recovery.
For employers, we advise on wage and hour compliance, audit payroll and timekeeping, correct wage statement problems, and defend claims, including PAGA and class matters. This work is typically handled on an hourly basis.
Wage questions connect to the rest of our California employment law practice, from wrongful termination to misclassification.
If you have questions about your pay or your payroll practices, we are glad to talk it through. A wage and hour lawyer at Vaksman Khalfin can review your situation and explain your options in plain terms. Call 877-780-4727. The consultation is free.
Frequently Asked Questions
A wage and hour lawyer helps recover pay you earned but did not receive, such as unpaid overtime, missed break premiums, or a late final paycheck. The same lawyer can also advise employers on staying compliant and defending claims. At Vaksman Khalfin, we handle both sides in California.
California counts overtime by the day and the week. Under Labor Code section 510, most employees earn 1.5 times their regular rate after 8 hours in a day or 40 in a week, and for the first 8 hours on a seventh straight workday. Double time applies after 12 hours in a day.
Under Labor Code section 203, if an employer willfully fails to pay all final wages on time, you may recover a full day of wages for each late day, up to 30 days. Final pay is due at discharge, or within 72 hours if you quit without notice.
Often, yes. Under Labor Code section 226.7, a missed compliant meal or rest period entitles you to one extra hour of pay at your regular rate. The premium applies separately for meal breaks and for rest breaks, so more than one hour may be owed in a day.
The California state minimum wage is $16.90 per hour, effective January 1, 2026. Some cities and counties set a higher local minimum, so your rate may be more. Salaried employees are generally treated as exempt only if they earn at least twice the state minimum wage for full-time work.
Often no. Much employee-side wage work can be handled on a contingency fee, so you generally pay nothing unless money is recovered. Labor Code section 1194 can also shift attorney fees and costs in unpaid wage cases. The first consultation is free either way.
Yes. We advise California employers on overtime, meal and rest breaks, wage statements, and final pay. We audit payroll and timekeeping, correct wage statement issues, and defend wage claims, including PAGA and class matters. This employer-side work is typically handled on an hourly basis.
PAGA is the Private Attorneys General Act, Labor Code section 2698 and following. It lets an aggrieved employee pursue civil penalties for Labor Code violations on behalf of the state and other employees. It has its own notice steps. Group wage disputes may also proceed as class actions.
