How to spot illegal wage and hour behavior
Although California has strong laws in place to protect employees, some employers engage in illegal practices anyway — especially when it comes to wages. The best ways to discover suspicious activity:
- Keep every paycheck and pay stubYour pay stub must be accurate and itemized. Compare it against the hours you actually worked.
- Keep your own record of hoursClock-in and clock-out times, off-the-clock work, and any "rounding" you notice in the employer's system.
- Keep a record of your breaksCalifornia requires paid rest breaks and unpaid meal periods. Skipped or interrupted breaks are owed as premium pay.
Look at your paychecks and ensure your income aligns with the hours you worked at no less than the applicable California minimum wage — which is higher than the federal minimum and may be higher still in your city. If you are receiving less for your hours worked, you can take legal action.
If you are an hourly employee and worked more than eight hours in a day or 40 hours in a week, your employer must pay overtime at 1.5× your regular rate (and double time in some cases). Some employers misclassify workers as salaried or as independent contractors to avoid paying it. If your paycheck doesn't match your hours, contact a lawyer to investigate.
How to recover lost wages
Filing a wage claim against your employer is the best way to hold them accountable for wages they failed to pay. You can recover unpaid or incorrect paychecks, overtime, break premiums, waiting-time penalties and any other missing wages you are owed.
Before filing, you will want an employment law attorney on your side. Employers have their own lawyers and these issues can be difficult to prove. Sullivan & Yaeckel Law Group has the skills to gather the necessary evidence and stand up to any size employer on your behalf.
Ask a lawyer about your case
We are prepared to discuss your case and determine what legal action should be taken — whether it is an individual claim or a case on behalf of everyone affected. We offer free consultations and charge nothing upfront. Our office is in San Diego, and we routinely handle cases in all State and Federal Courts throughout California — wherever in the state you live or work.