Let’s be real: when you work a 10-hour shift and don’t get a break, or your paycheck seems too small every week, it’s more than frustrating—it’s illegal.
California has some of the strongest wage and hour laws in the country, and they exist to protect people like you.
At Bibiyan Law, we help employees across Los Angeles and California recover what they’ve rightfully earned. Whether you’re owed unpaid overtime, missing paychecks, or were fired after asking about breaks—we’re here to help.
Key Points Summary:
- California law protects all workers—regardless of immigration status—from wage theft and denied breaks
- Common violations include unpaid overtime, missed meal/rest breaks, timecard manipulation, and retaliatory firings
- Workers can recover unpaid wages, penalties, and attorney fees
- Bibiyan Law offers free consultations and contingency-based representation—no win, no fee
California Labor Law Says You Deserve More
California labor law doesn’t just set the bar—it raises it. The state has some of the strongest worker protections in the country, and they’re designed to ensure that all employees—regardless of job type, industry, or immigration status—are treated fairly and paid what they’ve earned.
Here’s what the law guarantees every worker in California:
Minimum Wage
As of 2024, the statewide minimum wage in California is $16.00 per hour. However, for fast food workers employed by chains with 60 or more locations nationally, the minimum wage is even higher—$20.00 per hour. Some cities and counties (like Los Angeles or San Francisco) may set local minimums above the state level, depending on cost of living. Employers are legally required to comply with whichever rate is higher.
If you’re being paid less than this—especially if you’re working in a restaurant, warehouse, delivery, or domestic role—you may be entitled to back pay.
Overtime
California overtime laws are crystal clear: if you work more than 8 hours in a single day or more than 40 hours in a week, you must be paid 1.5 times your regular hourly rate for those additional hours. Double time may apply after 12 hours in a day or for work on the seventh consecutive day in a workweek. This is covered under Labor Code §510.
Unfortunately, many employers misclassify workers as “salaried” or “independent contractors” to avoid paying overtime. If that’s your situation, an employment attorney can determine whether you were legally entitled to more.
Meal & Rest Breaks:
Under California law, you must receive:
- One 30-minute unpaid meal break if you work more than 5 hours in a day
- Two 10-minute paid rest breaks if you work 8 hours or more in a day
These breaks must be uninterrupted and free from work duties. You can’t be asked to eat “on the clock” or take your break while answering phones or manning a register. If you were denied your breaks—or asked to work through them—you could be entitled to an extra hour of pay per missed break.
Final Paychecks
If you quit your job with at least 72 hours’ notice, your employer must give you your final paycheck on your last day. If you quit without notice, they have 72 hours to pay you. If you’re fired or laid off, you must receive your final paycheck immediately—on the spot.
Your final paycheck must include:
- All earned wages
- Accrued vacation time (if your company offers it)
- Any applicable commissions or bonuses
And Yes—These Rights Apply to Everyone
Whether you’re full-time or part-time, paid under the table or via payroll, documented or undocumented—California labor laws protect you.
Employers cannot use immigration status as a reason to deny legal wages or retaliate against you for asserting your rights. You are still entitled to fair pay, breaks, overtime, and timely final pay.
Common Wage and Hour Violations
Most people don’t realize they’ve experienced wage theft because employers disguise it. If any of these sound familiar, your rights may have been violated:
- Paid the same flat rate regardless of hours worked
- Breaks were skipped or “not allowed” due to being busy
- Time was shaved off your clock-in or clock-out
- Paycheck is “missing hours” or arrives late
- Tips withheld or shared unfairly
- Fired after asking about overtime or legal breaks
📎 If you were let go after speaking up, visit our California Workplace Retaliation Lawyer page.
You Could Be Owed Compensation—Here's What That Looks Like
Under California law, workers can recover:
- 💸 Unpaid wages and overtime going back up to 3 years
- ⏱️ 1 hour of pay for each missed meal or rest break, up to 2 hours per day
- 📅 Waiting time penalties if your final paycheck was late (up to 30 days of full wages)
- ⚖️ Statutory damages, interest, and attorney’s fees
📣 Bibiyan Law recently recovered over $400,000 for warehouse workers denied rest breaks and overtime.
What You Should Do Right Now If You Suspect Wage Theft
Wage theft can take many forms—underpaid hours, missed breaks, or overtime that mysteriously never shows up on your paycheck. If you believe you’re being underpaid, it’s critical to act fast, protect your evidence, and avoid signing anything that could limit your rights.
Here are the three most important steps to take right now:
1. Start Documenting Everything
Even if you haven’t been keeping a record until now, it’s not too late to begin. Start tracking:
- The hours you actually worked—including unpaid prep time, cleanup after shifts, or job-related travel
- Any missed or interrupted meal and rest breaks
- Screenshots of digital time clocks, punch-in systems, or scheduling apps
- The hours you actually worked—including unpaid prep time, cleanup after shifts, or job-related travel
- Copies or photos of your pay stubs, timecards, or text/email communications about your shifts or hours
Why it matters: Employers may try to claim you “volunteered” for extra time or that you weren’t authorized to work overtime. Your records will help prove otherwise. Every piece of documentation strengthens your case.
2. Don’t Sign Anything Without Legal Review
If your employer suspects you’re about to take legal action—or if they know they’ve made a mistake—they might offer you a check, a severance agreement, or a vague “settlement” to make things go away. Don’t sign anything without understanding exactly what you’re giving up.
Some agreements contain language that waives your right to file a wage claim, join a class action, or recover additional damages. Once you sign, it may be too late to fully pursue justice. Always have an experienced attorney review any document before you agree to anything.
3. Contact Bibiyan Law for a Free Review
You don’t have to figure this out on your own. Bibiyan Law offers 100% free, confidential consultations for California workers. We’ll help you:
- Understand whether your wage rights were violated
- Determine how much you may be owed
- Explain whether you qualify for an individual claim or a larger class action
- Take immediate steps to protect your legal options
You risk nothing by contacting us—but you could gain thousands of dollars in unpaid wages and penalties. We’ll help you understand your rights, whether you qualify for an individual claim or may be part of a class action.
You’re Protected—Even If You’re Undocumented
California labor laws protect all workers, regardless of immigration status. Your employer cannot legally threaten, intimidate, fire, or report you for asserting your right to fair pay. This includes undocumented workers, part-time employees, and those paid in cash.
If you’ve been denied pay or breaks, you have the right to speak up—and we’re here to help you do it safely.
📎 Need help returning from leave or recovering job protections? Visit our Medical Leave Violations Lawyer page.
Real Case Example
🔹 “Our clients—dozens of cooks and cashiers—were consistently denied breaks. The employer insisted they were ‘too busy’ for lunch. We helped recover over $180,000 in missed break penalties.”
Frequently Asked Questions
Many “contractors” are misclassified and legally qualify as employees. You may still have rights.
Not necessarily. If you don’t supervise others or lack independent decision-making power, you may be misclassified.
You generally have up to 3 years, but it’s best to act early before documents disappear.
Talk to a California Employment Attorney Today
📞 (310) 438-5555
📝 Schedule Your Free Consultation
✅ No Win, No Fee | Multilingual Team | We Fight for California Workers
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