Fighting For The Pay You Deserve
You work hard for your wages, and you deserve to receive everything you’re entitled to. Too often, employers fail to comply with wage and hour laws – by shortchanging overtime, delaying pay, misclassifying workers, or otherwise withholding compensation. If your employer isn’t respecting your rights, Richardson Employment Law, P.C., is here to help you recover unpaid wages.
Based in Northern California, the firm’s principal, Daniel Richardson, leverages insights from his experience defending Fortune 500 companies to pursue results for employees in wage and hour disputes. We take these cases on a contingency basis, so you pay nothing unless we achieve a recovery.
Types Of Unpaid Wage Claims
Numerous wage and hour laws – including the federal Fair Labor Standards Act (FLSA), the California Labor Code, and local regulations – are designed to protect workers. Richardson Employment Law, P.C., stands up for employees facing violations such as:
- Failure to pay minimum wage
- Failure to pay overtime
- Off-the-clock work
- Late or delayed wages
- Failure to reimburse work-related expenses
- Misclassification as exempt or as an independent contractor
Richardson Employment Law, P.C., has extensive experience with these cases and understands what it takes to hold employers accountable when they fail to meet legal wage obligations.
What Is The Minimum Wage In California?
As of January 1, 2026, California’s statewide minimum wage is $16.90 per hour for most employees. Some industries – such as fast-food workers – may be subject to higher minimum wage requirements. In addition, many cities and counties throughout Northern California have local minimum wages that exceed the statewide baseline.
If you believe you have not been paid all wages owed, Richardson Employment Law, P.C., can help you evaluate your situation and protect your rights.
Understanding California’s Overtime Laws
California requires employers to pay non-exempt employees overtime for extra hours worked. The overtime rates are:
- Time-and-a-half (1.5 times the regular rate) for:
- Hours worked over 8 in a single workday
- Hours worked over 40 in a single workweek
- The first 8 hours worked on the seventh consecutive day in a workweek [1]
- Double time (2 times the regular rate) for:
- Hours worked over 12 in a single workday
- Hours worked beyond 8 on the seventh consecutive day in a workweek [2]
Certain jobs may be exempt from these overtime rules. Richardson Employment Law, P.C., can help you determine if you qualify for overtime pay and assist with any unpaid overtime claims.
What If You Are An Independent Contractor?
Independent contractors generally are not entitled to wage and hour protections such as overtime. However, misclassification is widespread, and many workers labeled as contractors are actually employees under the law. Determining whether you are correctly classified as an independent contractor involves assessing various factors, including the nature of your work and degree of control exercised by the employer. Richardson Employment Law, P.C., can help clarify your employment classification and pursue action if misclassification has resulted in wage violations.
What Penalties And Recoveries May Apply
When an employer fails to pay wages owed, employees may be entitled to recover:
- Unpaid wages (regular and overtime)
- Liquidated damages in certain wage claims
- Statutory penalties under California law
- Waiting time penalties of up to 30 days of pay if an employer willfully fails to pay all final wages on time after a termination or resignation
- Reimbursement for work-related expenses
- Attorney’s fees and costs
Richardson Employment Law, P.C., can explain what remedies may apply based on the specific facts of your case.
California Unpaid Wage And Overtime FAQs
How far back can I recover unpaid wages in California?
For many unpaid wage and overtime claims, employees can generally recover wages going back up to three years. In some situations, additional time may apply depending on the type of claim. Deadlines matter, and waiting too long can bar recovery entirely, so it is usually best to speak with an attorney as early as possible.
What if I’m paid a salary and my employer says I’m ‘exempt’?
Being paid a salary does not automatically mean you are exempt from overtime. Many employers misclassify employees as exempt to avoid paying overtime and other wages required under California law. Whether you are properly classified depends on your job duties and how you are actually paid.
What is considered ‘off-the-clock’ work?
Off-the-clock work includes any time you are working but not being paid, such as working through breaks, performing tasks before clocking in, answering calls after hours, or finishing work after you have clocked out. Employers generally must pay employees for all hours worked.
What happens if my employer does not pay my final paycheck on time?
California law requires employers to pay all final wages promptly when an employee is terminated or resigns. If an employer willfully fails to do so, the employee may be entitled to waiting time penalties of up to 30 days of pay.
Can I recover attorney’s fees in an unpaid wage case?
In many wage and hour cases, California law allows employees to recover attorney’s fees and costs in addition to unpaid wages. This helps workers enforce their rights even when an employer has greater resources.
What is the Private Attorneys General Act (PAGA)?
PAGA is a California law that allows an employee to sue to recover civil penalties for Labor Code violations on behalf of the State of California and other aggrieved employees. If penalties are awarded, 65% is paid to the California Labor and Workforce Development Agency and 35% is paid to the aggrieved employees.
What should I do if I believe I am missing wages?
If you believe you have not been paid correctly, it is often helpful to gather pay stubs, time records, schedules, and any written communications about pay. Richardson Employment Law, P.C., can review the facts and help you determine the best path forward.
Request A Free Case Review With A Lawyer
If you have questions about unpaid wages or any other wage and hour matter, Richardson Employment Law, P.C., can help you understand your rights and evaluate your options. To request a free case review, call 916-533-9909 or complete our online contact form.
[1] Cal. Lab. Code § 510(a)
[2] Cal. Lab. Code § 510(a)