Wage and Hour Lawyer for Employees Owed Pay

If your employer didn't pay you for every hour, skipped your overtime, or held back your final check, a wage and hour lawyer can tell you what you're owed and how to collect it. Kingsley Szamet Employment Lawyers represents employees in pay cases, and your first consultation is free. See all of our employment lawyer practice areas.

What a wage and hour lawyer can do for you

Wage and hour law is the set of rules about how and when your employer must pay you, and the main federal law is the Fair Labor Standards Act, or FLSA. It sets a minimum wage, requires overtime at one and a half times your regular rate after 40 hours in a week, and makes employers keep accurate time records.

The U.S. Department of Labor enforces the FLSA through its Wage and Hour Division. Federal law doesn't require meal or rest breaks for adults, but states can add their own rules, and the stricter rule usually controls.

A wage and hour lawyer reads your pay stubs and time records, compares them to those rules, and finds the gap. Employers often keep the records. We know how to get them.

Common wage and hour violations

If you work on a public project, prevailing wage laws may also set your pay rate and overtime rules.

Overtime and the salary trap

Overtime is the most common pay claim. A salary doesn't cancel it, and to treat you as exempt, an employer generally has to meet two tests: a minimum salary and a duties test that looks at what you do all day. A job title alone doesn't count.

If you spend most of your day on routine tasks, such as stocking or answering phones, you may be owed overtime no matter what your offer letter says. An overtime lawyer can look at your actual duties and your pay history and tell you how far back a claim may reach.

Some employers clock you out without telling you, or pay a flat amount for long weeks. Those practices don't change the law, and if you worked the hours, you should be paid for them.

Misclassified as an independent contractor

Some employers label workers as independent contractors to skip overtime, minimum wage, payroll taxes, and benefits. The label doesn't decide the question, because the law looks at how the relationship really works, including who controls your hours, who supplies the tools, and whether your work is part of the company's regular business.

Federal courts use an "economic reality" test, and California applies a stricter test described on our California page. Drivers, installers, construction workers, and farmworkers are often labeled contractors when they act like employees.

If you really are a contractor and a client never paid you, you may still have a claim for the money owed. Keep your contract, invoices, and texts, and send the client a written demand for payment.

Unpaid work expenses and phone use

Employers can't always push business costs onto workers, and in California, a state law requires your employer to repay necessary expenses you incur doing your job. That can cover mileage when you drive for work, supplies you buy, and a fair share of your personal phone bill when you use it for work calls and messages.

Working from home can raise the same issue. If your employer requires you to use your own internet or phone and doesn't repay you, ask a lawyer about a claim. Commuting to your usual workplace isn't reimbursable, but driving between sales calls or job sites is.

Under federal law, expenses matter if they push your pay below minimum wage for the week. Employers also use "stay or pay" clauses that make you repay training or hiring costs if you leave. Some of these clauses are unlawful, so have a lawyer read yours before you pay anything.

Unpaid wages, final pay, and deadlines

Unpaid wages are the base of most pay claims. If your employer withholds pay, shorts your check, or doesn't pay your last check on time, you can usually recover the wages plus interest. Many claims also carry penalties and attorney's fees.

Federal wage claims generally have a two-year deadline, or three years if the employer broke the law on purpose. Wage claims under state law can reach back further. Every month you wait is a month of back pay you may lose.

You can report unpaid wages to the Labor Department or your state labor agency, or you can sue in court. A lawyer helps you choose the right path.

Class actions, collective actions, and PAGA

When many coworkers were shorted the same way, the best path may be a group case. In a class action, one or more workers sue on behalf of a larger group who share the same problem. A court has to approve the group first, which it does when the group is large, the questions are common, and the lead workers fairly represent everyone.

Federal wage law uses a similar tool called a collective action. The difference is that coworkers must opt in by filing a consent form. In a class action, members are included unless they opt out.

California adds a third tool, the Private Attorneys General Act, or PAGA. Under PAGA, a worker can bring a claim for civil penalties on behalf of the state and other employees. The worker must first notify the state labor agency, and any penalties are shared between the state and the workers. A PAGA claim has its own deadline, generally one year, and the rules changed in 2024.

Many employers ask workers to sign arbitration agreements that include a class waiver. The U.S. Supreme Court has allowed many of these waivers, so a group case may not be possible in court. You usually keep your individual wage claim, and some PAGA claims survive an arbitration agreement.

Immigration status and wage claims

You can be paid for the work you already did, whatever your immigration status. Wage laws protect workers who did the work. If you're undocumented and your employer didn't pay you, talk to a lawyer about your options. Keep pay stubs, schedules, and texts.

Retaliation for asserting your pay rights is illegal. If an employer fires you, cuts your hours, or threatens you for raising a wage complaint, that may be a separate claim. See what a workplace retaliation lawyer can do.

What you can recover

• Unpaid wages, including the overtime premium and minimum wage shortfalls.

• Interest on what you're owed.

• Liquidated damages under federal law, which can double the unpaid wages.

• Penalties, such as waiting time penalties when final pay is late.

• Reimbursement of work expenses.

• Attorney's fees and costs in many wage claims.

To see what drives the value of a case, read our guide to unpaid wage settlements. Results depend on your pay records and the facts of each case.

Guides that answer common questions

Our guides cover the pay questions workers ask us most often. Read when travel time counts as paid time if you drive between sites or wait for a ride. See on-call versus stand-by pay if you're stuck waiting for calls.

If you were let go, read the laws governing final paychecks and how long an employer has to pay unpaid wages. For phone costs, see employee reimbursement for personal cell phone use. If you never get a day off, see whether it's illegal to go without a day off work.

Breaks, California rules, and where to go next

California law adds protection that federal law doesn't, including daily overtime, paid rest periods, and meal periods. Read our page on meal and rest break claims if you were denied breaks. For the full state rules, including daily overtime and the California classification test, see California wage law.

When to call a wage and hour lawyer

Call as soon as you suspect a problem. Call if your pay stubs look wrong, you work off the clock, you were told you're exempt, you were fired and not paid, or your coworkers have the same complaint. Also call before you sign an arbitration agreement or a pay release.

The sooner you call, the easier it is to save time records. Deadlines can cut off older pay.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. You can read about Kelsey Szamet on her profile page.

We take pay cases on contingency. You pay no fee unless we recover money for you. Results depend on the facts of each case.

Frequently asked questions

How much does a wage and hour lawyer cost?

At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free. In many wage claims, the law makes the employer pay your attorney's fees if you win.

How long do I have to file a wage and hour claim?

It depends on the claim. Federal wage claims generally have a two-year deadline, or three years for willful violations. California wage claims can reach back three years or more, and PAGA claims have their own shorter deadline. Call early so you don't lose pay.

Can my employer fire me for filing a wage claim?

No. It's illegal to punish you for asserting your pay rights. If your employer fires you, cuts your hours, or demotes you after you complain, you may have a separate retaliation claim.

What if my whole team is underpaid?

A class action, collective action, or PAGA claim may fit when many workers were shorted the same way. These cases can increase the total recovery, but an arbitration agreement with a class waiver can change the path. A lawyer can review your agreement.

Can undocumented workers sue for unpaid wages?

You can seek pay for work you already did, whatever your immigration status. Keep your pay records and talk to a lawyer about the best way to proceed.

Can I sue for unpaid wages if I'm an independent contractor?

Yes, in two ways. If you were really an employee, you can claim wages and overtime as an employee. If you're a true contractor, you may still sue for money a client owes you. Gather your contract and invoices.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk about your pay. You can also schedule a free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.