By Lori Waite  |  April 2, 2026

Category: Labor & Employment

Were you denied overtime, breaks or payment for all hours worked?

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(Photo Credit: Ground Picture/Shutterstock)

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If you performed any work in California — even temporarily or as a non-resident — you may be owed back pay for unpaid wages, overtime, penalties or missed breaks. Fill out the form to see if you qualify to pursue compensation.

California has some of the strongest worker protections in the country, and employers must follow strict rules under California overtime laws.

These rights apply to everyone who works in California, including remote workers, gig workers, truckers who cross state lines and individuals misclassified as independent contractors.

Do you qualify? Common employer violations

You may qualify to pursue compensation for unpaid wages and back pay if, in the past four years, your employer committed any of the following violations:

  • Failed to pay overtime after 8 hours/day or 40 hours/week
  • Failed to pay double time after 12 hours/day
  • Misclassified you as an independent contractor
  • Denied meal or rest breaks
  • Paid less than California minimum wage
  • Required off-the-clock work without pay
  • Rounded your time punches or altered time records
  • Failed to reimburse work expenses (mileage, phone use, equipment, etc.)
  • Failed to pay for time spent waiting to clock in or go through screenings

Even small violations can entitle you to significant back pay and penalties under California labor law.

The law firm responsible for the content of this page is: The Kick Law Firm, APC; 815 Moraga Drive, Los Angeles, CA; 310-395-2988; kicklawfirm.com.

California minimum wage & off-the-clock work

As of Jan. 1, 2025, California employers must pay at least $16.50 per hour, and tips cannot count toward this minimum.

Off-the-clock work is illegal, including:

  • Required security screenings after clocking out
  • Putting on safety gear before clocking in
  • Completing health screenings before shifts
  • Waiting time to get into or leave work, including security and clock-in lines
  • Work-related calls, texts or messages outside paid hours
  • Setting alarms, cleaning up or closing duties after clocking out

If any required tasks happened before or after your shift, your employer may owe you unpaid wages.

Understanding California overtime laws

California overtime laws require employers to pay:

  • Time and a half after 8 hours/day or 40 hours/week
  • Double time after 12 hours/day
  • Overtime for the first 8 hours on a 7th consecutive workday

If bonuses, commissions or shift differentials weren’t included in your overtime rate, you may qualify for compensation for unpaid overtime.

Rounding time entries — for example, rounding 10:57 to 11:00 — is illegal and can result in California unpaid wages claims.

Some workers are exempt from overtime wages, including executive, administrative or professional employees, as well as outside salespersons.

Meal & rest break rights in California

California requires:

  • A 30-minute meal break after 5 hours
  • A second break after 10+ hours
  • A 10-minute rest break every 4 hours

Meal break violations in California can occur when employers:

  • Keep workers “on call” during breaks
  • Interrupt breaks
  • Require employees to stay on the premises
  • Automatically deduct breaks that weren’t taken

Each missed break entitles workers to one hour of premium pay, which may qualify as back pay.

California expense reimbursement protections

Employers must reimburse workers for:

  • Mileage and travel between sites
  • Cell phone usage
  • Uniforms, tools or required equipment

Failure to reimburse for “all necessary expenditures or losses” can result in an increase in the amount of California back pay that workers may be owed.

Employee vs. independent contractor violations

California uses the ABC Test to determine if a worker is truly an independent contractor. Under this test, many workers qualify as employees, not contractors, meaning they are entitled to overtime, breaks and minimum wage.

Workers can only be considered independent contractors if they meet all three following conditions under the California ABC Test:

  1. The worker is free from the control and direction of their employer when it comes to work performance.
  2. The worker performs work duties outside their employer’s normal course of business.
  3. The worker is engaged in an independent trade, occupation or business of the same nature as the work being performed.

Many gig workers, drivers, delivery workers and contract laborers are sometimes misclassified and may qualify for back pay.

Truckers and out-of-state workers also qualify

Even if you live outside California, you may still qualify if you:

  • Drove routes in California
  • Delivered goods in California
  • Performed any work for a company operating in California

Truck drivers have successfully recovered unpaid wages and expenses under California labor law.

Join the California unpaid wages & overtime investigation

If your employer violated California overtime laws, denied breaks or failed to pay for all hours worked, you may be able to seek compensation by suing for unpaid wages in California, and an employment lawyer may be able to help.

To start the process, complete the form on this page. Your information will be reviewed by a legal professional who will determine if you qualify for a wage and hour lawsuit.

See If You Qualify

Join a California unpaid wages & overtime class action lawsuit investigation

Filling out this form is quick and easy. It only takes a few minutes to see if you qualify.

After you fill out the form, the attorneys who work with Top Class Actions may contact you to discuss your legal rights.

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Counsel responsible for this advertisement includes:

The Kick Law Firm, APC / Los Angeles, CA / 310-395-2988 / kicklawfirm.com

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