Do I need a lawyer for wage theft in California?

It depends on the amount. For smaller claims (under $15,000), you may file a claim with the California Labor Commissioner for free. For larger claims or class actions affecting multiple employees, an attorney can help maximize recovery and navigate complex laws.

What is considered wage theft in California?

Wage theft includes unpaid overtime, minimum wage violations, missed meal and rest breaks, off-the-clock work, illegal deductions, misclassification as exempt or independent contractor, tip stealing, and failure to pay final wages. California has strict labor laws protecting workers.

Can I recover my wages without a lawyer in California?

Yes, through the California Labor Commissioner's Office (DLSE). You can file a wage claim for free and they will investigate and hold a hearing. However, for complex cases or larger amounts, an attorney may increase your recovery.

Do I Need a Wage Theft Lawyer?

Answer 6 quick questions to get a personalized recommendation

What type of wage theft occurred?

Unpaid overtime - worked over 8 hours/day or 40 hours/week without overtime pay

Minimum wage violations - paid less than California minimum wage

Missed meal or rest breaks - didn't get required breaks

Misclassification - treated as exempt or independent contractor when I shouldn't be

Other - unpaid hours, tip theft, illegal deductions, no final paycheck

How much do you estimate you're owed in unpaid wages?

Over $50,000

$15,000 - $50,000

$5,000 - $15,000

Under $5,000

How long has this wage theft been occurring?

Years - systematic and ongoing

Several months to a year

A few weeks or months

One-time issue (like final paycheck)

Are other employees affected by the same violations?

Yes - many coworkers have the same issues (potential class action)

Yes - some coworkers in similar positions

Not sure, but likely

No - this only affects me

Do you have documentation of your hours and pay?

Yes - time records, pay stubs, schedules, emails about working off-the-clock

Some documentation - pay stubs and partial records

Limited - but employer should have records

No documentation available

Are you still employed at this company?

Yes - and worried about retaliation

Yes - and feel comfortable pursuing the claim

No - recently left or was terminated

No - was fired for complaining about wages (retaliation)

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You Should Consult a Wage Theft Attorney

Your case involves significant damages or complexity that warrants legal representation. A wage theft attorney can pursue your individual claim or potentially a class action, maximizing your recovery with penalties and attorney fees.

Find a Labor Law Attorney Create Demand Letter First

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File a Claim with the Labor Commissioner

For your claim size, the California Labor Commissioner's Office (DLSE) is a free and effective option. They'll investigate your claim and hold a hearing - no attorney needed. Consider an attorney only if your claim is denied.

File a Wage Claim (Free) Create Demand Letter

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Consider Both Options

Your case could go either way. You can file for free with the Labor Commissioner, or consult with an attorney about pursuing additional penalties and damages. Many wage theft attorneys work on contingency.

Find an Attorney File with Labor Commissioner

When to Hire a Wage Theft Lawyer in California

California has the strongest worker protections in the nation, with significant penalties for employers who violate wage laws. Understanding your options helps you decide whether to hire an attorney or use the free Labor Commissioner process.

Types of Wage Theft in California

Violation	What You're Owed
Unpaid Overtime	1.5x for hours over 8/day or 40/week; 2x for hours over 12/day
Minimum Wage	$16.50/hour statewide (2025); higher in many cities
Missed Meal Breaks	1 hour of pay for each missed 30-minute meal break
Missed Rest Breaks	1 hour of pay for each missed 10-minute rest break
Late Final Paycheck	Waiting time penalties: 1 day's pay for each day late (up to 30 days)
Inaccurate Pay Stubs	$50 for first violation, $100 per subsequent (up to $4,000)

When You Need an Attorney

Large claims: Damages over $25,000 justify attorney involvement
Class actions: If many employees are affected, attorneys typically take these cases
Misclassification: Complex legal analysis required
Retaliation: If you were fired for complaining about wages
PAGA claims: Private Attorneys General Act claims require attorneys
Complex exemption issues: Disputes over exempt vs. non-exempt status

When the Labor Commissioner Is Sufficient

Claims under $15,000-$20,000
Straightforward overtime or minimum wage violations
Single employee affected
Clear documentation of hours and pay
Final paycheck not received

How the Labor Commissioner Process Works

File wage claim online or at local DLSE office (free)
DLSE reviews and assigns a Deputy
Conference scheduled to attempt settlement
If no settlement, hearing held before Deputy
Decision issued (can be appealed to Superior Court)

California Wage Penalties

Beyond the unpaid wages, California law provides:

Waiting time penalties: Up to 30 days' wages for late final pay
Meal/rest break premiums: 1 hour per missed break
Pay stub penalties: Up to $4,000
Liquidated damages: Equal to unpaid wages for minimum wage violations
Interest: On all unpaid amounts
Attorney fees: Recoverable in many wage cases

Statute of Limitations

Oral agreements: 2 years
Written agreements: 4 years
Minimum wage violations: 3 years
Overtime violations: 3 years (or 4 under UCL)
PAGA claims: 1 year

Documentation to Gather

Pay stubs (all of them)
Time records or personal logs of hours worked
Work schedules
Employment contract or offer letter
Employee handbook
Texts/emails about working off-the-clock
Evidence of missed breaks
Names of coworkers with similar issues

Resources

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