Aaron Bartz is an Employment Attorney in California Specializing in Unpaid Wages and Unpaid Overtime. Call me at 1-800-503-5716 any time, 7 days a week and I will do my best to answer your call the first time, but when I can’t, you can count on me to return your voicemail very quickly!
Bartz Law Group, APC helps employees pursue their rights in court, in arbitration, and before government agencies with Wage & Hour Cases. We are experienced with California and federal Wage and Hour employment laws, and understand what it takes to file a case and prosecute the case through trial, arbitration or a hearing before a government agency.
Employees depend on their jobs for their livelihood. Employers are often corporations or other businesses with vast resources at their disposal. As such, employment disputes and Wage Theft often pit the employee “David” versus the employer “Goliath.”
California’s Wage and Hour employment laws generously provide employees with rights to fight against employer’s wrongful behavior or Wage Theft. Bartz Law Group, APC assists employees and plaintiffs in all practice areas of California labor law, including Wage & Hour issues:
Wage and hour law
California wage and hour law sets minimum standards for:
- Minimum employee pay,
- Required employee breaks, and
- Hours and overtime.
All California employers must abide by minimum wage laws and provide employees with stipulated meal breaks, rest breaks and must pay overtime to non-exempt employees.
As of January 1, 2026, California’s minimum wage is $16.90 per hour and higher for certain other workers (fast food, health care), and certain cities and counties have higher min wage rates.
In certain counties and cities, the minimum wage is higher than the California state minimum wage. For example, in the City and County of San Francisco, the minimum wage is currently $16.32 per hour. You may call Bartz Law Group, APC to check to see what the minimum wage is that applies in your particular situation.
Employers must also comply with meal breaks and rest breaks.
In general, California non-exempt employees must be provided a 30-minute duty free meal period on or before the fifth hour of work in any given day, and another duty-free meal period if the employee works at least 10 hours per day. A meal period is duty-free only if the employee is not subject to the employer’s control, and is not on call, is free to leave the premises, and is not interrupted during the meal period.
Employees are also entitled to paid rest periods for each shift that they work that is at least three and one-half (3.5) hours. As such, employees must receive 10 minutes’ net rest time for shifts from three and one-half to six hours in length, 20 minutes for shifts of more than six hours up to 10 hours, 30 minutes for shifts of more than 10 hours up to 14 hours, and so on. The rest periods must be duty-free, and an employee cannot be on-call or interrupted during the rest period.
In the event that an employer fails to provide an employee with a meal or rest period in any given day, the employer must pay the employee one additional hour of pay for a meal and rest period violation during a single shift. For instance, if an employee is unable to take a meal and a rest period during a given shift, the employer must pay the employee two (2) hours of premium pay at the employee’s regular rate of pay. An employee’s regular rate is his or her hourly rate, including any other compensation to which the employee is entitled, such as non-discretionary bonuses, incentive pay and the like.
Employers also must pay overtime to non-exempt employees. Overtime at time and one-half (1.5x your regular rate of pay) kicks in when you work more than eight (8) hours in a day or forty (40) hours in a week, or the first eight (8) hours worked on the seventh day during the workweek. When you work more than twelve (12) hours during the day, or you work more than eight (8) hours on any seventh day of a workweek, you are entitled to two times (2x) your regular rate of pay for overtime.
California employers sometimes try to get out of their wage and hour obligations by misclassifying of non-exempt employees as exempt. This means to classify hourly employees as not entitled to overtime, or not entitled to mandatory meal and rest periods. California employers may also misclassify employees as independent contractors to get around wage and hour laws.
Requiring “work off the clock” is another common source of wage and hour violations.
Systematic under compensation by rounding your time and failing to itemize your paystubs is another source of wage and hour violations. Many California employers also commonly round their employees time by the quarter hour or by the tenth of an hour. Combined with tardiness and other policies, rounding may result in an employee receiving less than they are entitled to otherwise receive if the employer simply used the actual clock in and clock out times for an employee.
California law also forbids employers from rounding the time on employees’ meal periods. Such time rounding, or automatic deductions of 30 minutes from an employee’s time for meal periods, may also violate California law.
Have you have been subjected to wage and hour violations or Wage Theft by your employer? Call Bartz Law Group, APC for a free consultation. You may be entitled to compensation for the unpaid wages and unpaid overtime.
Keep in mind that your employer may NOT retaliate against you for bringing a wage and hour complaint or other labor complaints.
Bartz Law Group, APC starts every case the same way: by listening to your story. We know that every employment case is different. We want to hear your full story so that we can determine the best legal strategy for your case.
Call our law office today or use the contact form on this page to schedule a free consultation for your legal issues. We represent clients throughout the State of California, from San Diego to Riverside and Los Angeles, to Sacramento, Oakland and San Francisco.
Wage and Hour Attorney FAQs
What is wage theft in California?
Wage theft generally refers to an employer failing to pay compensation or provide wage-related rights required by law. Examples can include unpaid minimum wages, unpaid overtime, off-the-clock work, missed meal or rest break premiums, illegal deductions, unpaid reimbursements, or failing to pay all wages due at termination.
What is California's minimum wage in 2026?
California's statewide minimum wage is $16.90 per hour beginning January 1, 2026. Some cities and counties require higher local minimum wages, and separate wage requirements apply to certain fast-food and health-care workers. Employees should check the rate that applies to their specific location and industry.
When am I entitled to overtime in California?
In general, non-exempt California employees are entitled to time-and-a-half for hours worked over eight in a workday or 40 in a workweek, as well as the first eight hours worked on a seventh consecutive workday in a workweek. Double time generally applies after 12 hours in a workday and after eight hours on the seventh consecutive workday. Exemptions and alternative workweek rules can change these requirements.
Does my employer have to pay overtime if it was not approved in advance?
Generally, yes, if the employer knew or should have known that the employee performed the work. California's Labor Commissioner states that unauthorized overtime must still be paid, although an employer may discipline an employee for violating a lawful policy requiring advance authorization.
Can my employer make me work off the clock?
Employers generally must compensate non-exempt employees for time they are permitted or required to work. Tasks performed before clocking in, after clocking out, or during an unpaid meal period can raise wage claims when the employer knew or should have known that the work was being performed.
When am I entitled to a meal break in California?
In general, non-exempt California employees who work more than five hours must receive an uninterrupted 30-minute meal period in which they are relieved of all duties. Employers must provide a genuine opportunity to take the meal period and cannot pressure employees to skip legally protected breaks. Different rules and valid waivers can apply in specific situations.
How many rest breaks am I entitled to in California?
Employees covered by California's rest-period requirements generally must be authorized and permitted a paid 10-minute rest period for every four hours worked or major fraction thereof. If an employer fails to authorize or permit a required rest period, additional premium pay may be owed.
Can my employer automatically deduct 30 minutes for lunch if I worked through lunch?
An automatic meal-period deduction can create wage issues when employees actually perform compensable work during the deducted period or are not relieved of all duties. Whether wages or meal-period premiums are owed depends on what occurred and whether the employer knew or should have known that work was being performed.
Am I entitled to overtime if I am paid a salary?
Possibly. Receiving a salary does not automatically make an employee exempt from overtime. California exemptions generally depend on multiple requirements involving job duties and compensation. An employee who is labeled “salaried” but does not meet the applicable exemption requirements may still be entitled to overtime and other wage protections.
Can my employer classify me as an independent contractor to avoid overtime?
Simply calling a worker an independent contractor does not determine the worker's legal status. California uses legal tests to determine whether someone is properly classified. Misclassified employees may potentially have claims involving unpaid wages, overtime, breaks, expenses, and other employment protections. The California Labor Commissioner accepts wage claims involving alleged misclassification.
When must I receive my final paycheck if I am fired?
In California, an employee who is discharged generally must be paid all wages due at the time of termination, including earned but unused vacation when applicable. Different timing rules apply when an employee quits.
How long do I have to file a California unpaid wage claim?
The deadline depends on the claim. The California Labor Commissioner states that claims involving minimum wage, overtime, unpaid meal or rest periods, illegal deductions, sick leave, and certain unpaid reimbursements generally have a three-year filing period, while other claims can have shorter or longer deadlines.