Wage & Hour Case Review
Missed Meal Breaks? No Real Rest Breaks? Unpaid Overtime?
Missed breaks, off-the-clock work, unpaid overtime, a short final paycheck, or unpaid vacation — California law may entitle you to more than your employer paid you.
ShortLegal, APC represents California employees whose employers didn’t pay them everything the law requires:
- Missed, interrupted, or on-call meal and rest breaks
- Unpaid overtime and off-the-clock work
- A late or short final paycheck
- Earned vacation that was never paid out
If your pay doesn’t look right, a short, confidential conversation is usually enough to tell you whether it’s worth a closer look.
Free, confidential consultation.
Does Any of This Sound Like Your Job?
These are common examples of California wage violations — not a complete list. Read through the four areas below. If any of it sounds like your situation, it may be worth having a lawyer look at it.
Meal Breaks
In California, if you work more than 5 hours, you’re generally entitled to an uninterrupted, duty-free 30-minute meal break that begins before the end of your 5th hour of work — and a second one before the end of your 10th hour if you work more than 10 hours. “Duty-free” means you must be relieved of all duty and free to leave. If you’re kept on call or expected to stay reachable during your meal, it may not count as a compliant break. When you don’t get a compliant meal break, you’re generally owed one extra hour of pay at your regular rate for each day it happens.
Common examples
- If you eat lunch with your work phone next to you because you’re expected to answer calls, texts, or the radio — you weren’t relieved of all duty, and that meal break may not count.
- If you work through lunch to keep up, or eat at your desk while you’re still working.
- If a 30-minute lunch is automatically deducted whether or not you actually got one.
- If your meal break routinely starts late — after your 5th hour of work.
- If you’re kept “on duty” during meals without a proper written on-duty meal agreement.
- If your lunch is regularly cut short or interrupted with work.
Rest Breaks
You’re also entitled to a paid, duty-free 10-minute rest break for every 4 hours you work (or major fraction of 4 hours). A rest break has to be duty-free too — if you have to stay on call or reachable, it isn’t a valid rest break. When a compliant rest break isn’t provided, you’re generally owed one extra hour of pay at your regular rate for each day it happens.
Common examples
- If you have to keep your phone or radio on and answer during your 10-minute break — you’re still on duty, and that isn’t a valid rest break.
- If there’s no one to cover for you, so you can’t actually step away.
- If you rarely or never actually get your paid 10-minute breaks.
Overtime
California overtime is more generous than federal law. Non-exempt employees generally earn 1.5× for hours over 8 in a day or over 40 in a week (and for the first 8 hours on a 7th consecutive day of work in a week), and 2× for hours over 12 in a day (and after 8 hours on that 7th consecutive day). Overtime must be based on your full regular rate of pay — which includes nondiscretionary bonuses and commissions, not just your base hourly wage.
Common examples
- If you work more than 8 hours in a day or 40 in a week and don’t see overtime for it.
- If you work before or after your shift, or off the clock, and it isn’t paid.
- If you earn bonuses or commissions, but your overtime is figured on your base rate only.
- If you’re paid a salary and called “exempt,” paid on a 1099 as an “independent contractor,” or given a “manager” title — but you do mostly non-managerial, hands-on work. Misclassification is a common way employers avoid paying overtime.
Vacation Pay
In California, earned vacation is a form of wages. Once you earn it, it can’t be taken away — “use it or lose it” policies that forfeit vacation you’ve already accrued are unlawful. When you leave a job, all of your unused, earned vacation must be paid out with your final wages, at your final rate of pay.
Common examples
- If a “use it or lose it” policy wiped out vacation you had already earned.
- If you left a job and weren’t paid for your accrued, unused vacation or PTO.
- If your final paycheck left out vacation, a bonus, overtime, or your last hours.
(When your final wages are paid late, California law may add a waiting-time penalty of up to 30 days’ wages.)
Other Wage Problems (Also Worth a Look)
- Late or short final pay — your last paycheck must include all wages owed and be paid on time; late final pay can trigger the waiting-time penalty noted above.
- Unreimbursed business expenses — if you use your personal cell phone, your own car (mileage), or a home office for work, you’re generally entitled to be reimbursed for those necessary costs.
- Inaccurate wage statements — your pay stub must accurately show your hours, pay rates, and the employer’s information; violations can carry their own penalties.
This isn’t a checklist you have to match exactly. If your pay doesn’t add up — for any of these reasons, or one that isn’t listed — it may be worth having reviewed. Depending on the facts, what you’re owed can include the unpaid wages and premiums themselves, interest, and — in many California wage cases — your attorney’s fees, which is often what makes these matters practical to pursue. What’s recoverable, if anything, depends on the specific facts, the records, and current California law; nothing here is a promise or guarantee of any particular result.
What Actually Gets Tested Is the Employer’s Policies
Wage problems usually aren’t about one manager making one mistake. What gets examined in a wage-and-hour matter is the employer’s policies and procedures — the timekeeping software and how it records or rounds your hours, automatic meal-break deductions, scheduling and staffing practices, how jobs are classified as “exempt” or “contractor,” and how bonuses and commissions are built into (or left out of) the overtime rate. These policies often don’t line up with what California law requires — some are simply outdated, and some are deliberately structured to shift costs onto employees.
Because these are policies rather than one-off mistakes, the same practice may affect other employees too. Whether it does — and whether that points to an individual, class, or PAGA claim — is something ShortLegal evaluates when reviewing your records. You don’t need to think about anyone else to get started. The focus is on what happened to you.
Recently Terminated or Offered a Severance Agreement?
Recently terminated or offered a severance agreement? We can evaluate the agreement and potential wage issues together. A severance agreement usually asks you to release wage claims you may not know you have — including unpaid overtime, missed-break premiums, unpaid vacation, or final-pay penalties. Before you sign anything, it is worth understanding what you may be giving up.
Speak With a California Employment Lawyer
ShortLegal, APC is led by Brian R. Short, a California employment attorney (State Bar No. 236140) whose practice focuses on wage-and-hour and complex employment litigation for employees. The firm’s office is in San Diego, and it represents employees across California.
How a Wage Review Works
- 1. Tell us what’s going on. Complete the short, confidential form below or call. You don’t need documents or exact numbers to start — just the basics of your job and your pay.
- 2. We review the facts. ShortLegal reviews your submission, checks for conflicts, and evaluates your situation under California law.
- 3. We follow up. If it appears we may be able to help, we’ll reach out to discuss next steps and how the firm handles the matter. There is no obligation and no cost for the initial consultation.
Frequently Asked Questions
Most California wage claims have a three-year statute of limitations, and some claims can reach back four years under the Unfair Competition Law. PAGA civil-penalty claims have a shorter window — generally about one year, extended by the required notice period. Deadlines can be shorter for claims against public employers. Because these deadlines vary, it’s best not to wait to have a potential claim evaluated.
California overtime is based on your regular rate of pay, which can include more than your base hourly wage — nondiscretionary bonuses, shift differentials, and certain other compensation. When employers calculate overtime on the base rate alone, overtime can be underpaid.
In California, earned vacation is treated as wages. It does not expire once earned, and any unused, vested vacation must be paid out at your final rate of pay when your employment ends. "Use it or lose it" policies that forfeit vacation you have already earned are not allowed.
California law prohibits retaliation against employees who complain about unpaid wages, file a wage claim, or cooperate in a wage investigation. Retaliation is a separate violation with its own remedies.
Arbitration agreements are common but not always enforceable, and PAGA representative claims interact with arbitration in a distinct way under California and federal law. Whether and how your claim can proceed depends on the specific agreement and the facts. An attorney can evaluate it.
The initial consultation is confidential and at no cost. For qualifying wage matters, contingency arrangements are available; the firm will explain how it would handle your specific matter before any engagement.
California employment claims have strict filing deadlines — as short as six months for claims involving government employers. Once the deadline passes, even a strong claim cannot be recovered. If you believe your rights were violated, the time to act is now.
Free Consultation
Request a Confidential Wage & Hour Review
Tell us about your situation. Consultations are confidential and at no cost. ShortLegal will review your submission and reach out if it appears we may be able to help. Please don’t include confidential or privileged details in this first form — if we need documents, we’ll request them through a secure channel.
Or call (619) 272-0720. No obligation.
ShortLegal, APC
California Employment Attorney · San Diego Office · Serving employees across California
No obligation. Initial consultations are confidential and at no cost.