Getting Paid for Every Hour You Work
Wage problems are easy to miss. A few minutes of unpaid work before each shift, a meal break that keeps getting interrupted, or a job title that makes you “exempt” from overtime can add up to thousands of dollars over a year or two. California has some of the most detailed wage and hour laws in the country, and they apply to warehouse and port workers, nurses and medical staff, restaurant and hotel employees, retail workers, and office employees across the South Bay.
Rastegar Law Group has represented California employees in wage and hour matters since 1991, including individual claims and class actions. Our Torrance office helps South Bay workers find out whether they have been paid what the law requires.
California Wage Rules Every Worker Should Know
Minimum Wage
The statewide minimum wage is $16.90 per hour in 2026. Some cities set higher rates. San Pedro and Harbor City, for example, are part of the City of Los Angeles, which has its own higher minimum wage. Fast food and certain health care workers have separate statewide minimums. When more than one rate applies, the employer must pay the highest one.
Overtime and Double Time
Under Labor Code section 510, non-exempt employees generally earn 1.5 times their regular rate for hours over 8 in a workday or 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek. Double time applies to hours over 12 in a workday and to hours over 8 on that seventh consecutive day. California counts overtime by the day, not just by the week, so a long shift can trigger overtime even in a short week.
Meal and Rest Breaks
Most non-exempt employees are entitled to a 30-minute, duty-free meal period for shifts over five hours and a paid 10-minute rest break for every four hours worked or major fraction of four hours. When an employer does not provide a compliant break, it owes one additional hour of pay at the employee’s regular rate of compensation for each workday that a meal break was missed, and another for each workday that a rest break was missed (Labor Code section 226.7). Our post on California meal and rest break rules goes into more detail.
Misclassification
A job title or salary alone does not make someone exempt from overtime. For most exemptions, the employee must earn at least twice the state minimum wage for full-time work ($70,304 per year in 2026) and must actually perform qualifying executive, administrative, or professional duties most of the time. Workers labeled “independent contractors” may in fact be employees under California’s ABC test (Labor Code section 2775), which would entitle them to minimum wage, overtime, breaks, and expense reimbursement.
Common Wage Violations We See
- Off-the-clock work, such as security screenings, pre-shift meetings, putting on required gear, or answering calls and texts after hours
- Unpaid overtime, or overtime calculated without including bonuses, shift differentials, or commissions in the regular rate
- Late, short, or interrupted meal and rest breaks without premium pay
- Time-rounding practices that consistently shave time from employees
- Unreimbursed work expenses such as personal cell phone use or mileage (Labor Code section 2802)
- Inaccurate or incomplete wage statements (Labor Code section 226)
- Late final paychecks after a firing or resignation, which can trigger waiting time penalties of up to 30 days of wages (Labor Code section 203)
- Denied or miscounted paid sick leave. Most employers must now let eligible employees use at least 40 hours or five days of paid sick leave per year (Labor Code section 246)
- Employers or managers keeping a share of employees’ tips (Labor Code section 351)
What You Can Recover
Depending on the violation, employees may be able to recover unpaid wages and premiums with interest, liquidated damages for minimum wage violations, statutory penalties, and attorney’s fees and costs. When a practice affects many employees, the claim may proceed as a class action or a representative claim under the Private Attorneys General Act (PAGA). We will explain which options fit your situation.
You Are Protected From Retaliation
It is illegal for an employer to punish you for asking about your pay, complaining about unpaid wages, or filing a wage claim (Labor Code section 98.6). If you face adverse action within 90 days of that protected activity, the law presumes retaliation unless the employer can rebut it.
Talk to Our Torrance Office
Bring your pay stubs, schedules, and any time records you have to our office at 22760 Hawthorne Boulevard, Suite 200, Torrance, CA 90505, open Monday through Friday from 9:00 a.m. to 6:00 p.m. We can also meet by video. Consultations are free and confidential, in English, Spanish, or Farsi, and we handle cases on a contingency fee basis, so there is no attorney’s fee unless there is a recovery. Call (310) 961-9600 or contact us online.
Wage and Hour FAQs
I’m paid a salary. Can I still be owed overtime?
Yes. Being paid a salary does not by itself make you exempt. If your salary is below the state threshold, or your day-to-day duties do not meet an exemption’s requirements, you may be entitled to overtime and breaks.
How far back can I recover unpaid wages?
Most wage claims based on the Labor Code have a three-year limitation period. In some cases, a claim under California’s Unfair Competition Law can reach back four years for restitution of unpaid wages. Because each paycheck can start its own clock, waiting can reduce what you are able to recover.
Should I file with the Labor Commissioner or hire a lawyer?
Either can be an option. The Labor Commissioner’s Office handles individual wage claims, while a lawsuit may allow additional remedies and claims on behalf of other employees. An attorney can help you compare the two for your situation.
Does my immigration status affect my right to be paid?
No. California law provides that the state’s labor and employment protections, including the right to be paid for work performed, are available to workers regardless of immigration status (Labor Code section 1171.5). Employers are also prohibited from using immigration-related threats to retaliate against workers who assert their rights.
This content is for informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
Recent Results
These are selected wage and hour class action recoveries. They are not a complete list of the firm’s work. See all selected results on our employment case results page.
- $27,000,000 — Hospital workers: unpaid hours and overtime, missed breaks, and unpaid final wages. (Class action, wage and hour)
- $2,500,000 — Retail sales and merchandising representatives who traveled between California stores: unpaid hours and overtime, missed breaks, and unreimbursed work expenses. (Class action, wage and hour and work expenses)
- $2,350,000 — Truck drivers and other hourly trucking workers: unpaid hours and overtime, missed breaks, and inaccurate pay stubs. (Class action, wage and hour)
- $850,000 — Manufacturing workers: unpaid overtime under an alternative workweek schedule, on-duty meal breaks, and missing premiums. (Class action, wage and hour)
Disclaimer: Past results do not guarantee or predict a similar outcome. Every case is different, and results depend on the facts. Amounts shown are gross recoveries before attorney’s fees and costs. Class settlement amounts are totals for the class, not what any one person received.