What to Do If Your Employer Isn’t Paying Your Wages
You are entitled to a timely and complete paycheck as a worker. Nevertheless, some companies do not honor their duty to pay their staff for the work they have completed. Here is where an attorney for unpaid wages can be helpful. Below we go over what an unpaid wages attorney does, how to find one, and what to do if you have not been paid for your labor.
What are Unpaid Wages?
Non-exempt workers are entitled to pay for all time worked, including time before and after a shift and work performed during a break that was supposed to be off duty. Non-exempt workers are employees who are entitled to the minimum wage and to overtime. In California, non-exempt employees must be paid overtime at 1.5 times their regular rate for hours worked over eight in a day or 40 in a week, and double time for hours over 12 in a day (Labor Code section 510); the federal rule of 1.5 times for hours over 40 in a week applies only as a floor. Unpaid wages are any sums owed to a worker for time worked but not paid, including off-the-clock work, unpaid overtime, unpaid meal and rest break premiums, unpaid commissions, and a final paycheck that was late or short.
Indications That Your Wages Have Not Been Paid
There are certain indicators you may watch out for if you think your employer is failing to pay you your wages. These include:
- Not getting paid on time on the regular payday
- Receiving a paycheck that is less than the hours you worked
- Working over eight hours in a day or 40 hours in a week without being paid overtime
- Not being paid the minimum wage required by state or local law for the work you performed
How to Proceed If Your Wages Have Not Been Paid
There are a few steps you can take to resolve the situation if your wages are still unpaid:
- Speak with your employer. You should raise the issue with your employer as a first step. There could have been an oversight or error that is easily corrected. If so, your employer may simply pay you the money you are entitled to.
- Keep a log of your hours worked and your pay. It is crucial to keep a record of your hours worked and your pay in case your employer does not fix the problem. This means noting the hours you put in, the amount you should have been paid, and the amount you actually received. If you decide to bring a claim, these details will be valuable.
- File a wage claim with the California Labor Commissioner. If talking with your employer and keeping records does not resolve the problem, you may file a wage claim with the California Labor Commissioner’s Office (the Division of Labor Standards Enforcement, or DLSE). The DLSE will hold a settlement conference and, if needed, a hearing to decide whether your employer violated California wage law.
- Hire an attorney for unpaid wages. You may also bring a lawsuit in court instead of, or in addition to, the Labor Commissioner process, and an unpaid wages attorney can advise you on which route is better for your situation. An attorney can represent you in court or before the DLSE and can negotiate a settlement with your employer on your behalf.
What is an Attorney for Unpaid Wages?
An attorney who focuses on helping workers who have not been paid what they are owed is known as an unpaid wages attorney. They are knowledgeable in federal and California wage and hour law and are able to represent workers in cases involving unpaid wages, including wage theft, unpaid overtime, and failure to pay the minimum wage.
How to Locate a Lawyer for Unpaid Wages
There are various ways to find an unpaid wages attorney. These include:
- Recommendations from friends, family, or coworkers
- Lawyer directories available online
- Legal aid organizations
- The State Bar of California’s lawyer referral services
Hire a Lawyer for Unpaid Wages at Abdi & Associates
It is crucial to take steps to resolve the situation if you have not received payment for the money you have earned. This involves communicating with your employer, keeping a log of your hours and pay, filing a wage claim with the Labor Commissioner if needed, and, if required, hiring an attorney to pursue your unpaid wages. Following these steps gives you the best chance of being paid for the work you have done. You should be paid fairly for all of the work you do, because your time has value. No matter what reasons your employer gives to avoid paying what you are due, the law requires them to pay it. Call Abdi & Associates at (888) 772-2529 or reach us through our form to discuss your options for recovering unpaid wages.
Frequently Asked Questions
What distinguishes wage theft from unpaid wages?
Any unlawful action by an employer that keeps workers from receiving the pay they are owed is referred to as wage theft. This can include misclassifying workers as independent contractors, failing to pay overtime, and violating the state or local minimum wage. Whenever a worker is not paid by their employer for work they have performed, that is unpaid wages, and it is one form of wage theft.
How much will it cost to retain an attorney for unpaid wages?
An unpaid wages attorney’s fee varies depending on the attorney’s experience, the complexity of the case, and where it is filed. Some attorneys offer a contingency fee arrangement where they are paid only if you recover. Others may charge a flat fee or hourly rates. Before selecting a lawyer, it helps to go over their fee terms. At Abdi & Associates, these matters are handled on a contingency fee arrangement, with no attorney fee unless there is a recovery; where a case calls for it, we work with experienced employment counsel we trust while staying involved in your case.
Penalties That Increase Your Recovery
California adds real teeth to unpaid wage claims. If your employer failed to pay everything owed when you quit or were fired, waiting time penalties can add up to 30 days of your daily wage (Labor Code section 203). Minimum wage violations can carry liquidated damages equal to the unpaid amount, effectively doubling it (Labor Code section 1194.2), plus interest. And for minimum wage and overtime claims, the law lets workers recover their attorney fees (Labor Code section 1194), which is part of why these cases are worth bringing even for modest amounts.
The deadlines: generally 3 years for statutory wage claims like unpaid overtime and minimum wage, and in some cases up to 4 years when the claim is brought under California’s unfair competition law. Exceptions apply, so confirm your window with an attorney before assuming a claim is too old.
Unpaid wages are often part of a broader pattern; see our wage theft page. For other employment claims, see our Los Angeles employment attorney overview.
Sources: Cal. Lab. Code §§ 98, 98.6, 201-204, 226, 226.7, 510, 512, 1194, 1197, 2802; Cal. Code Civ. Proc. § 338; Cal. Bus. & Prof. Code § 17208.
Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.