Are You a Victim of Wage Theft in California?

Wage theft occurs when employers do not pay workers according to the law. The California Labor Commissioner identifies examples including paying less than minimum wage, failing to pay overtime, denying required meal or rest breaks, requiring off-the-clock work, or taking workers’ tips.

California also restricts deductions from wages and generally requires employers to reimburse employees for necessary expenditures or losses incurred in direct consequence of performing their job duties.

If you believe you have not been paid all wages you earned, contact Kehoe Law Firm to discuss your legal rights without cost or obligation.

What Are Common Examples of Wage Theft?

Workers may have wage-and-hour claims when an employer:

• Pays less than the applicable minimum wage;
• Fails to pay required overtime;
• Requires employees to perform work before clocking in, after clocking out, or during unpaid time;
• Fails to provide legally required meal or rest periods;
• Improperly keeps or takes workers’ tips;
• Makes unlawful deductions from wages;
• Fails to reimburse required business expenses; or
• Fails to pay promised or earned wages.

California Minimum Wage in 2026

Effective January 1, 2026, California’s statewide minimum wage is $16.90 per hour for all employers. Most California employees must be paid at least the applicable minimum wage for all hours worked, subject to limited exceptions. Tips are separate and cannot be counted toward the minimum wage.

Some California cities and counties, as well as covered fast food restaurant employees and certain health care workers, are subject to higher minimum wage requirements. When a higher applicable minimum wage applies, workers may be entitled to that higher rate. Learn more about California minimum-wage requirements.

Off-the-Clock Work Can Result in Unpaid Wages

Employers generally must pay covered employees for compensable work they require or permit. Depending on the facts and applicable law, unpaid work may include required pre-shift or post-shift activities, meetings, training, equipment preparation, responding to work communications outside scheduled hours, or performing job duties during an unpaid meal period.

Workers who regularly perform tasks outside recorded work hours should consider whether all of that time appears on their time records and pay statements. Kehoe Law Firm discusses similar issues in its Security Guard Unpaid Wages & Break Rights resource.

California Overtime Pay

Most California workers who are covered by the general overtime rules must receive 1.5 times their regular rate of pay for hours worked over eight in a workday or over 40 in a workweek, and double their regular rate for hours worked over 12 in a workday. Seventh-day overtime rules also may apply. Overtime laws do not apply the same way to every worker, and different rules or exemptions may apply.

Learn more about California overtime pay and employee rights. Federal law also generally requires covered, nonexempt employees to receive overtime at not less than one and one-half times their regular rate for hours worked over 40 in a workweek. See Kehoe Law Firm’s FLSA overtime-pay overview.

Meal and Rest Break Rights

Most California workers covered by the applicable meal- and rest-period requirements must receive a 30-minute meal period when working more than five hours in a day and a second 30-minute meal period when working more than 10 hours in a day. California also generally requires a paid 10-minute rest period for every four hours worked or major fraction thereof. Meal-period waivers and different rules or exceptions may apply depending on the circumstances, worker, and industry.

Required work during an unpaid meal period can raise both break and unpaid-wage issues. When an employer fails to provide a required meal or rest period, additional pay may be available under California law.

Promised Wages, Deductions, and Final Pay

The California Labor Commissioner states that employers must pay promised wages whether the promise was oral or written. California law also restricts certain deductions from employees’ wages.

Final-pay rules also matter. According to the California Labor Commissioner, a worker who is fired generally must receive final wages on the last day of work. A worker who quits with at least 72 hours’ notice generally must be paid on the last day; without that notice, final wages generally are due within 72 hours. Waiting-time penalties may be available when final wages are willfully unpaid, subject to applicable law and defenses.

Can an Employer Retaliate Against a Worker for Asserting Wage Rights?

Workers may have legal protections against retaliation for asserting wage-and-hour rights. The California Labor Commissioner identifies adverse actions such as discharge, demotion, suspension, reduction in pay or hours, and certain other employment actions as potential retaliation when taken because a worker engaged in protected activity. Federal law also prohibits retaliation against employees for certain protected activity under the Fair Labor Standards Act.

Are You Owed Unpaid Wages?

If you believe you were not paid for all hours worked, denied overtime pay, required to work off the clock, denied required meal or rest periods, improperly classified, or otherwise denied wages you earned, you may have legal rights. Contact Kehoe Law Firm to discuss your circumstances.

For a free, no-obligation legal evaluation, contact:

Michael Yarnoff, Esq., (215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]