Unpaid wages and overtime lawyer for California, Nevada, and Washington employees

Off-the-clock work, overtime paid straight time, missed meal and rest breaks, a final paycheck that never came, or a job labeled "exempt" or "contractor" that was not? Freiman Legal represents employees in wage and hour cases in California, Nevada, and Washington. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.

The rules, state by state

California. Overtime is owed at one and one-half times the regular rate for work over eight hours in a day, over 40 hours in a week, and for the first eight hours on the seventh consecutive day of work. Double time is owed for work over 12 hours in a day and over eight hours on the seventh day. A 30-minute meal period is required before the end of the fifth hour and a second before the end of the tenth, and a paid rest break is required for every four hours or major fraction. When an employer willfully fails to pay final wages to an employee who was fired or quit, the wages continue as a penalty for up to 30 days.

Nevada. Overtime is owed at one and one-half times the regular rate for work over 40 hours in a week. For employees paid less than one and one-half times the minimum wage, daily overtime is also owed for work over eight hours in a day unless the employee has agreed to a four-day, ten-hour schedule. A 30-minute meal period is required for every eight hours of continuous work and a paid 10-minute rest period for every four hours.

Washington. Overtime is owed at one and one-half times the regular rate for work over 40 hours in a week. An employer that willfully withholds wages is liable for double the amount withheld, plus costs and attorney's fees, and an employee who recovers a judgment for wages is entitled to attorney's fees.

Federal. The Fair Labor Standards Act sets the floor on minimum wage and overtime after 40 hours. State law in all three states is more protective in at least some respects, which is why cases are usually filed under state law.

Common violations

Misclassification as exempt. A salary and a title do not make a job exempt. The duties do. Assistant managers who spend most of the day doing hourly work are the classic example.
Misclassification as an independent contractor. In California, a worker is presumed to be an employee unless the hiring business proves otherwise under a strict test.
Off-the-clock work. Pre-shift setup, post-shift cleanup, answering messages at home, and working through lunch.
Regular rate errors. Bonuses, commissions, and shift differentials belong in the overtime calculation.
Meal and rest break violations. Breaks that were late, short, interrupted, or never taken, which in California earn an extra hour of pay for each day a violation occurred.
Unpaid commissions and bonuses that were earned before termination.
Final paycheck delays. California requires final wages at the time of termination, and within 72 hours for an employee who quits without notice.

What you can recover

The unpaid wages themselves, interest, liquidated or double damages where the statute provides them, waiting time penalties, break premiums, statutory penalties for wage statement violations, and attorney's fees. In California, individual wage claims can be combined with a PAGA claim that reaches penalties for all affected employees.

Deadlines

California wage claims generally reach back three years, and four years for unfair competition claims based on the same violations. Nevada and Washington have their own limitation periods, generally two to three years depending on the claim. The clock runs from each missed paycheck, so delay costs money every pay period.

How we handle a wage case

We start with your pay stubs, schedules, and time records. California employers must produce payroll records on request, and the wage statement itself must list hours, rates, and deductions. We calculate what is owed under each theory, compare it to what you were paid, and send a demand or file. Wage cases turn on math and records, which is why they often resolve quickly once the employer sees the numbers.

Questions people ask

I agreed to the pay arrangement. Can I still claim overtime? Yes. Overtime rights cannot be waived by agreement.

I am paid a salary. Am I exempt? Not necessarily. Exempt status in California requires both a minimum salary and duties that are primarily executive, administrative, or professional. Many salaried employees are owed overtime.

My employer let me skip breaks so I could leave early. In California, the employer must provide the break and relieve you of all duty. A policy that discourages breaks, or a workload that makes them impossible, is a violation.

Will my employer know I called a lawyer? Not from us. Retaliating against an employee for a wage complaint is illegal, and it is a second claim if it happens.

PAGA claims | Retaliation | Wrongful termination | All employee claims | Lawyers: refer a case

Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.

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