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 defence. Our California employment lawyers work from our San Mateo office. For a free consultation, call 877-780-4727.
How Does California Overtime Work?
California counts overtime by the day, not only by the week. Under Labor Code section 510, work over 8 hours in a workday, over 40 hours in a workweek, and the first 8 hours on the seventh consecutive day of a workweek is paid at 1.5 times the regular rate. Work over 12 hours in a day, and work over 8 hours on that seventh day, is paid at double the regular rate. If your employer did not pay everything you earned, section 1194 lets you recover the unpaid amount plus reasonable attorney’s fees and costs.
Key Takeaways
- Daily overtime starts after 8 hours, not just after 40 in a week.
- Double time applies after 12 hours in a day, and after 8 hours on a seventh consecutive workday.
- A missed meal or rest break can entitle you to one extra hour of pay per type, per day, under section 226.7.
- Section 1194 shifts attorney’s fees and costs, which makes a claim practical even where the dollars owed are modest.
- Late final pay can carry a waiting time penalty of up to 30 days’ wages under section 203.
How California Overtime Pay Works
Labor Code section 510 sets the framework. 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 the regular rate |
| More than 40 hours in a workweek | 1.5 times the regular rate |
| First 8 hours on the seventh consecutive day of a workweek | 1.5 times the regular rate |
| More than 12 hours in a workday | 2 times the regular rate |
| More than 8 hours on the seventh consecutive day of a workweek | 2 times the regular rate |
Two points people miss. The calculation runs on the regular rate of pay, which can include more than the base hourly wage where non-discretionary bonuses or shift differentials are involved — so an incorrect regular rate quietly underpays every overtime hour. And alternative workweek schedules adopted under the proper procedure, such as four ten-hour days, change how these rules apply. Some salaried employees can be exempt from overtime, and special rules apply in certain industries.
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 five hours is generally entitled to a 30-minute meal period. That meal can be waived when the shift is six hours or less. A second 30-minute meal period 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 four 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.
An important detail: a break only counts if the employee is relieved of all duty. A meal period where you stay on call, cover the phone, or remain at your station is generally treated as time worked rather than as a break taken.
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, itemised 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 wilfully 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 generally due at the time of discharge. If an employee quits without notice, final pay is generally due within 72 hours.
The waiting time penalty is separate from the wages themselves, which is why a relatively small unpaid balance can produce a much larger total.
Minimum Wage and Exempt Salaries
California’s state minimum wage is $16.90 per hour, effective January 1, 2026. Many cities and counties set a higher local minimum, so the rate where you actually 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 — which for 2026 is $70,304 a year — and the employee must actually perform exempt executive, administrative, or professional duties. A salary set below that level, or a title without the duties, can leave the employer owing overtime.
Local minimum wages on the Peninsula
The state figure is a floor. Several San Mateo County cities set higher local minimums, and where a local ordinance applies an employer must pay the highest applicable rate for work actually performed there. As of January 1, 2026 that includes Belmont at $18.95, East Palo Alto at $17.90, Burlingame at $17.86, Foster City at $17.85, and Daly City at $17.50, among others.
Two consequences follow. An unpaid minimum wage claim has to be measured against the correct local rate rather than the state figure. And because rates change on different dates in different cities, a business operating across several Peninsula jurisdictions is more exposed to an inadvertent shortfall than one operating in a single city. Local rates should be confirmed against the ordinance rather than assumed.
When Misclassification Causes Wage Violations
Being labelled 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.
The same is true of a salaried employee treated as exempt without meeting both the salary and duties tests. 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 procedure and has been the subject of significant legislative change, so the current requirements are worth confirming rather than assuming.
Group wage disputes can also proceed as class actions. For larger or group matters, we draw on the firm’s California civil litigation practice.
What This Costs, and Why Section 1194 Matters
People searching for a wage and hour lawyer usually want to know what representation costs before anything else. Here is the straight answer.
Labor Code section 1194 provides that an employee who has not been paid the legal minimum wage or overtime is entitled to recover the unpaid balance plus reasonable attorney’s fees and costs. That fee-shifting provision changes the economics of these cases. It means a claim for a few thousand dollars in unpaid overtime can still be worth pursuing, because the fees are not coming out of the recovery in the way they would in a case without fee-shifting.
In practice, much employee-side wage work is handled on a contingency fee, so you generally pay nothing unless there is a recovery. There is also a no-cost route: the Labor Commissioner’s Office accepts wage claims directly, and many workers use it without a lawyer for straightforward unpaid wage disputes.
Employer-side compliance, audits, and defence are typically hourly. We discuss fees before any work begins, and the first consultation is free.
Wage Claims in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with employees and employers across the Peninsula. Civil matters for this county are generally heard in the San Mateo County Superior Court, and wage claims can also be filed with the Labor Commissioner’s Office.
Two local patterns recur. Employers here often operate across several cities with different local minimum wages and different effective dates, which is a distinct exposure from anything in the state statute. And the mix of salaried technology and professional roles means exempt classification disputes — salary threshold plus duties — come up as often as straightforward unpaid overtime.
Details about the office are on our San Mateo page.
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.
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.
This page provides general information about California law and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Wage figures and local ordinances change from time to time and should be confirmed for the applicable year and locality. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/28/2026
Frequently Asked Questions
They review pay records and timekeeping to identify unpaid wages, overtime, and break premiums, then pursue or defend a claim through the Labor Commissioner or in court. On the employer side, the work includes payroll audits, wage statement compliance, and defending PAGA and class claims.
Under Labor Code section 510, 1.5 times the regular rate for work over 8 hours in a workday, over 40 hours in a workweek, and the first 8 hours on a seventh consecutive workday; and 2 times the regular rate for work over 12 hours in a day and over 8 hours on that seventh day. The calculation runs on the regular rate of pay, which can include more than the base hourly wage.
Much employee-side wage work is handled on a contingency fee, so you generally pay nothing unless there is a recovery. Labor Code section 1194 also allows recovery of reasonable attorney's fees and costs on unpaid minimum wage and overtime claims, which is what makes a modest claim practical to pursue. The Labor Commissioner's Office is also a no-cost route for straightforward disputes.
Labor Code section 203 provides that where an employer wilfully fails to pay 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 generally due at the time of discharge, or within 72 hours where an employee quits without notice.
Yes. Labor Code section 226.7 entitles an employee to one extra hour of pay at the regular rate for a workday in which a compliant meal or rest period was not provided. The premium applies per type of break, so a single day can create more than one hour of premium pay. A break only counts if you were relieved of all duty.
The state minimum wage is $16.90 per hour effective January 1, 2026. Many cities and counties set higher local minimums — on the Peninsula, Belmont, East Palo Alto, Burlingame, Foster City, and Daly City all exceed the state rate. An employer must pay the highest applicable rate for work performed in that location.
Yes. A salary alone does not make you exempt. The employer generally must pay at least twice the state minimum wage for full-time work — $70,304 a year for 2026 — and the employee must actually perform exempt executive, administrative, or professional duties. Failing either test can leave the employer owing overtime and break premiums.
Either. The Labor Commissioner's Office accepts wage claims directly and many workers use it without a lawyer for straightforward unpaid wage disputes. A court action may be the better route for larger or more complex matters, or where a group of workers is affected.
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. It has its own notice procedure and has been the subject of significant legislative change, so current requirements are worth confirming.
Yes. We audit payroll and timekeeping, review wage statements and exempt classifications against the current salary and duties tests, check local minimum wage exposure across jurisdictions, and defend claims. This work is typically hourly.
