If your paycheck does not match the hours you worked, something may be wrong. Wage theft remains a serious issue for employees across California.
What counts as wage theft?
Wage theft occurs when your employer fails to pay all wages you earned under state law. California sets strict rules for overtime, breaks and final pay.
The California Labor Commissioner provides examples of wage theft that reflect common violations. Before reviewing your options, consider whether any of the following apply to you:
- Unpaid overtime: You worked over 8 hours in a day or 40 in a week without proper overtime pay.
- Missed meal or rest breaks: You were denied required breaks without premium pay.
- Off-the-clock work: You were told to clock out but continue working.
- Illegal deductions: Money was taken from your paycheck for shortages, uniforms or equipment.
- Late final wages: You did not receive all earned wages when your job ended.
- Misclassification: You were labeled an independent contractor but performed employee duties.
If you recognize one or more of these issues, your employer may be violating California wage laws.
Subtle signs your pay is being shorted
Wage theft is not always obvious. It can appear as small discrepancies that repeat over time.
Your paystub may show automatic meal deductions even when you worked through lunch. Your recorded hours may not match your own log. You may also receive a new title without real supervisory authority and lose overtime eligibility as a result.
California requires employers to pay for all hours they know or should know you worked. They must also maintain accurate payroll records. When records are incomplete or altered, the law may favor the employee’s reasonable estimate of time worked.
Even small underpayments can accumulate. Over months or years, missed overtime or unpaid premiums could result in significant lost wages.
What steps can you take?
You can take proactive measures to safeguard your rights. Begin by maintaining an independent record of your hours worked, meal and rest periods and assigned duties. Retain copies of pay stubs, schedules and work-related communications on a personal device.
You may pursue a claim with the Labor Commissioner. Under certain circumstances, a civil action could permit recovery of unpaid wages, statutory penalties and other available damages.
If you want to better understand your options, an employment attorney can evaluate your records, explain potential claims and identify applicable deadlines.