Your Work Has Value — Make Sure You're Paid for It
California maintains some of the strongest worker protections in the nation, and employers are required to follow strict wage and hour laws. When they don’t, employees have the right to recover every dollar they’re owed — plus penalties.
Holding Employers Accountable for Wage Theft
Wage theft is one of the most widespread employment violations in California. It happens when employers fail to pay workers what they’ve earned — whether through unpaid overtime, missed breaks, off-the-clock work, or simply withholding wages altogether.
Too often, employees don’t realize their rights have been violated. They assume their employer’s practices are legal, or they’re afraid to speak up for fear of retaliation. But California law is clear: if you worked the hours, you’re owed the pay. Period.
The JHP Firm represents employees in wage and hour claims and fights to recover full compensation — including penalties — for every violation.
Common Wage & Hour Violations
We handle claims involving:
- Unpaid Overtime
- California requires overtime pay (1.5x regular rate) for hours worked beyond 8 in a day or 40 in a week, and double-time for hours beyond 12 in a day. Many employers fail to pay overtime correctly — or at all.
- Minimum Wage Violations
- California's minimum wage exceeds the federal minimum, and many cities have even higher local minimums. If you're being paid less than the applicable minimum wage, your employer is breaking the law.
- Missed Meal and Rest Breaks
- California employees are entitled to a 30-minute meal break for shifts over 5 hours and paid 10-minute rest breaks. Employers who deny, discourage, or interrupt these breaks owe you additional compensation.
- Off-the-Clock Work
- If you're required to work before clocking in, after clocking out, or during unpaid breaks — answering emails, preparing workstations, attending meetings — you're owed wages for that time.
- Worker Misclassification
- Some employers misclassify employees as independent contractors or exempt employees to avoid paying overtime, providing benefits, or following labor laws. This misclassification is often illegal.
- Withheld Wages, Bonuses, or Commissions
- If your employer promised you a bonus or commission and didn't pay it, or if your final paycheck was late or incomplete, you may be entitled to waiting time penalties in addition to the unpaid wages.
- Illegal Deductions
- Employers cannot deduct from your wages for things like breakage, cash shortages, or uniforms in most circumstances. Illegal deductions reduce your pay below what you earned.
- Failure to Provide Accurate Pay Stubs
- California requires employers to provide itemized pay stubs with specific information. Inaccurate incomplete pay stubs can entitle you to penalties.
How We Pursue Your Claim
Wage and hour cases require meticulous review of timekeeping records, pay stubs, and employment policies. We analyze your situation to identify every violation and calculate the full amount you’re owed — including:
- Unpaid wages and overtime.
- Meal and rest break premiums.
- Waiting time penalties (up to 30 days’ wages for late final paychecks).
- Statutory penalties for pay stub and record-keeping violations.
- Interest on unpaid amounts.
- Attorney’s fees and costs.
We handle both individual claims and situations where multiple employees have been affected by the same unlawful practices.
Your Rights as a California Employee
California law provides robust protections for workers. You have the right to:
- Be paid at least minimum wage for all hours worked.
- Receive overtime pay when applicable.
- Take meal and rest breaks without interruption.
- Receive accurate, itemized pay stubs.
- Be paid on time, including your final paycheck.
- Be free from retaliation for asserting your wage rights.
Frequently Asked Questions
What if I signed an agreement to waive overtime?
Such agreements are generally unenforceable under California law. You cannot waive your right to overtime pay, regardless of what you signed.
What if I'm paid a salary?
Being paid a salary does not automatically mean you’re exempt from overtime. Exemptions require meeting specific duties tests, not just a salary threshold. Many salaried employees are misclassified and are owed overtime.
What if I was paid in cash or off the books?
You still have rights. Employers cannot avoid wage laws by paying in cash. The lack of formal records may actually work in your favor, as it can trigger additional penalties.
Can I be fired for complaining about wage violations?
No. Retaliation for reporting wage violations is illegal under California law. If you were terminated or faced adverse action after raising wage concerns, you may have both a wage claim and a retaliation claim.
How far back can I recover wages?
Depending on the type of claim, you may be able to recover wages going back 3 to 4 years. Penalties and interest can significantly increase the total recovery.
How long do I have to file?
Statutes of limitations apply to wage claims. The sooner you act, the more wages you may be able to recover. Contact an attorney promptly to protect your rights.