Wage Theft and Overtime Violations: California Employees Are Owed More Than They Often Receive

By Lawrence Glasner, Employment Attorney  |  Glasner Law P.C.  |  Redding, CA

California has some of the most employee-protective wage and hour laws in the country. And yet wage theft — the practice of employers failing to pay workers everything they are legally owed — remains one of the most widespread labor violations in the state. Many employees don’t realize they’re being underpaid. Others suspect it but don’t know what to do.

What Is Wage Theft?

Wage theft is any situation in which an employer fails to pay an employee the full wages they have legally earned. Common forms of wage theft in California include:

• Unpaid overtime — failing to pay the overtime premium for hours over 8 per day or 40 per week.
• Minimum wage violations — paying less than California’s current minimum wage.
• Off-the-clock work — requiring employees to work before clocking in, after clocking out, or during unpaid meal breaks.
• Meal and rest break violations — failing to provide legally required breaks or not paying the required premium when breaks are missed.
• Tip theft — managers or owners taking tips that belong to employees.
• Expense reimbursement failures — not reimbursing employees for necessary work-related expenses.
• Misclassification as exempt — wrongly classifying employees as salaried-exempt to avoid paying overtime.
• Independent contractor misclassification — treating employees as contractors to avoid wage law obligations.

California Overtime Law: How It Works

California’s overtime law is stricter than federal law. Under California law:

• 1.5x your regular rate of pay is owed for all hours over 8 in a single workday and for the first 8 hours on the seventh consecutive day of work.
• 2x your regular rate of pay is owed for all hours over 12 in a single workday and all hours over 8 on the seventh consecutive day.
• Weekly overtime kicks in at 40 hours per week as well.

This means a California employee who regularly works 10-hour days and is only paid straight time is being underpaid for 2 hours of premium pay every single workday.

Exempt vs. Non-Exempt: A Critical Distinction

Simply giving an employee a salary and a title like “manager” or “supervisor” does not automatically make them exempt. California’s exemptions have strict requirements employers frequently misapply. If you spend the majority of your time doing the same work as the employees you nominally supervise, you may not qualify as exempt — and you may be owed significant back pay.

Meal and Rest Break Rules in California

• A 30-minute unpaid meal break for shifts over 5 hours (second break for shifts over 10 hours), during which employees must be fully relieved of duty.
• A paid 10-minute rest break for every 4 hours worked (or major fraction thereof).

If an employer fails to provide these breaks — or provides them but requires employees to remain on call — the employer owes one additional hour of premium pay per violation. These penalties accumulate quickly over time.

What You Can Recover

• Unpaid wages — everything you were owed but not paid.
• Waiting time penalties — up to 30 days of additional wages if your final paycheck was willfully delayed upon termination.
• Liquidated damages — additional amounts equal to unpaid minimum wages.
• Civil penalties under PAGA (the Private Attorneys General Act), allowing employees to sue on behalf of themselves and other workers.
• Attorney’s fees and costs.

The statute of limitations for most wage claims is three years under California law (four years for unfair business practice claims under the UCL).

Independent Contractor Misclassification

California’s AB5 and the “ABC test” made it significantly harder for companies to classify workers as independent contractors rather than employees. If you are told you are a contractor but you work set hours, use company equipment, perform work central to the company’s business, and operate under the company’s control — you may legally be an employee, with all wage, overtime, and benefits protections that status carries.

Talk to an Employment Attorney Today

Wage theft cases can involve complex calculations, class action dynamics, and PAGA filings. An experienced employment lawyer can evaluate your situation, calculate what you’re owed, and advise you on the most effective path to recovery.

Glasner Law P.C. represents workers across Redding and Northern California in wage and hour disputes. Lawrence Glasner has the experience to identify violations, build your case, and fight for every dollar you’re owed.

Schedule Your Free Consultation  |  (530) 688-8154  |  glasnermediation.com

Prior results do not guarantee a similar outcome. The information in this article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.