Unpaid Overtime & Wage Theft in California | How to Recover Your Wages

California has some of the strongest worker-protection laws in the nation — yet unpaid overtime and wage theft remain some of the most common violations employees face. Whether it’s missing hours, denied breaks, or being asked to work off the clock, stolen wages add up quickly.

This guide walks you through how to identify wage theft and recover your unpaid wages using a clear, simple, step-by-step approach.
(And don’t worry — this article offers information only, not legal advice.)

What Counts as Wage Theft in California?

Employers commit wage theft when they fail to pay workers the full wages they’re legally owed. This includes:

• Unpaid overtime

• Not paying for all hours worked

• Requiring off-the-clock work

• Denied meal or rest breaks

• Altered or inaccurate timesheets

• Misclassification (employee labeled as independent contractor)

• Illegal paycheck deductions

• Paying below minimum wage

If any of this sounds familiar, you may be owed significant compensation — plus penalties.

California’s Overtime Rules (Quick Breakdown)

If you're a non-exempt worker in California, overtime often applies when you work:

• More than 8 hours in a day → 1.5× pay

• More than 12 hours in a day → 2× pay

• More than 40 hours in a week → 1.5× pay

• 7th consecutive workday:

  • First 8 hours → 1.5× pay

  • After 8 hours → 2× pay

When employers avoid paying these legally required rates, it is considered unpaid overtime.

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Step-by-Step Guide: How to Recover Stolen Wages in California

This guide helps you understand and document your unpaid wages so you can take the right next steps.

Step 1 — Identify the Type of Wage Theft

Start by naming the issue you're experiencing.
Common examples:

• Unpaid overtime hours

• Missing or shortened meal/rest breaks

• Work performed before clocking in or after clocking out

• Paycheck totals that don’t match hours worked

• Being paid flat daily/weekly rates that ignore overtime

• Misclassification as “independent contractor”

Understanding the issue helps you calculate what you’re owed.

Step 2 — Document Everything

Your records matter.

Collect:

• Paystubs

• Timesheets or timeclock screenshots

• Work schedules

• Emails/texts from supervisors

• Your own notes of hours worked

• Calendar screenshots showing your workdays

This documentation becomes the foundation for recovering unpaid wages.

Step 3 — Compare Your Hours to California Overtime Laws

Lay out:

• Total hours worked per day

• Total hours worked per week

• Days worked consecutively

Then compare them to California’s overtime rules.

Any hour that qualifies for overtime — but was paid at regular rate — is unpaid overtime.

Step 4 — Calculate Your Missing Wages

Use this basic formula:

Unpaid overtime hours × correct overtime rate = stolen wages

Also factor in:

• Missed break premiums

• Double-time hours

• Unpaid off-the-clock minutes that add up

Even small discrepancies can lead to hundreds or thousands in owed wages.

Step 5 — Request Your Payroll Records

Under California Labor Code, workers can request:

• Timecards

• Payroll records

• Pay rate information

• Signed agreements related to pay

Employers must provide these within 21 days.

This is your right — and it helps you confirm your calculations.

Step 6 — Ask for Internal Correction (Optional)

You can request that payroll or HR correct the issue.

Provide:

• Your documented hours

• The missing amounts

• A written request for payment

Some employers will fix honest errors quickly. Others… won’t. That’s where Step 7 comes in.

Step 7 — Explore Wage Recovery Options

If your employer refuses to correct the issue, workers may file a claim with the California Labor Commissioner or seek representation.

JusticeGuys helps workers:

• Calculate unpaid overtime

• Identify wage theft patterns

• Understand which claims may apply

• Connect with the right legal help

We make sure you know exactly what your employer owes you.

Think Your Employer Owes You Unpaid Overtime or Stolen Wages?

Get a free unpaid wage evaluation from JusticeGuys.
We’ll help you calculate what you're owed and guide you toward your next steps.

Start your evaluation now at JusticeGuys.com

Unpaid Overtime Wage Theft Guide PDF

This guide helps California workers understand how to identify unpaid overtime, document wage theft,
calculate missing wages, and take informed next steps. It’s designed to be simple, practical, and ready
to use immediately.

Your downloadable includes:

• A wage theft checklist

• Overtime calculation guide

• Documentation templates

• Payroll request script

• Step-by-step recovery roadmap

Download the Unpaid Overtime Wage Theft Guide PDF.

Top 5 FAQs About Wage Theft & Unpaid Overtime in California

1. How do I know if I’m a victim of wage theft?

If your hours, pay rate, or overtime don’t match what California law requires, you may have experienced wage theft.

2. Can my employer refuse to pay overtime?

No. California requires overtime for qualifying hours worked. Employers cannot opt out.

3. How far back can I claim unpaid overtime?

California workers can typically recover unpaid wages from the last three years, sometimes longer depending on the claim type.

4. What should I bring when calculating unpaid wages?

Paystubs, timecards, written schedules, text messages, and your own hour logs.

5. Can I be fired for reporting wage theft?

California law prohibits retaliation against workers who report wage violations.

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