If your employer has been shortchanging your paycheck, making you work off the clock, or refusing to pay overtime, you have options. You have legal options. If you are searching for an unpaid wages lawyer near you, our firm is the right call. San Mateo workers looking for wage & hour lawyers often come to us after their employer has denied overtime, shorted their paycheck, or refused to pay out at termination.
At Galine, Frye, Fitting & Frangos, our wage and hour attorneys represent San Mateo workers who have been cheated out of what they rightfully earned. We offer free consultations, and you pay nothing unless we win your case.
California has some of the strongest labor laws in the country, but that does not stop employers from violating them. Whether you are dealing with unpaid overtime, missed meal breaks, tip theft, or being misclassified as an independent contractor, our firm is here to hold your employer accountable.
What California Law Says About Your Wages
California workers are protected by both state and federal labor law, but California's standards go further than what federal law requires. Here is what San Mateo employees are entitled to under California wage and hour law:
Minimum Wage in California
As of January 1, 2025, the California minimum wage is $16.50 per hour for most employers. This is significantly higher than the federal minimum wage of $7.25 per hour. Some industries have higher thresholds. Fast food workers, for example, are covered under AB 1228, which sets their minimum at $20 per hour as of April 2024.
If your employer is paying you below these rates, that is a wage violation, and you can take legal action.
Overtime Pay: California vs. Federal Rules
Under federal law, overtime kicks in after 40 hours in a workweek. California goes further under California Labor Code Section 510:
- 1.5x your regular rate for all hours over 8 in a single workday
- 1.5x your regular rate for all hours over 40 in a workweek
- 2x your regular rate for all hours over 12 in a single workday
- 2x your regular rate for any hours worked on the 7th consecutive day in a workweek beyond the first 8
If you are working overtime and not seeing those rates on your paycheck, your employer may be violating California law. Our San Mateo overtime lawyers can help you calculate exactly what you are owed.
Meal and Rest Break Requirements
California law requires that non-exempt employees receive:
- A 30-minute unpaid meal break for shifts over 5 hours
- A second 30-minute meal break for shifts over 10 hours
- A 10-minute paid rest break for every 4 hours worked
If your employer skips these breaks or pressures you to work through them, they owe you one additional hour of pay per missed break under California Labor Code Section 226.7. Those hours add up fast.
Types of Wage and Hour Violations We Handle in San Mateo
Wage theft takes many forms, and our wage & hour violation lawyers see the same patterns repeat across industries. Some employers do it intentionally. Others claim it was a payroll error. Either way, the result is the same: you are left without the money you earned. Our wage & hour violation attorneys handle all of the following in San Mateo and throughout the Bay Area:
Unpaid Overtime
Your employer cannot simply refuse to pay overtime, tell you overtime is "not approved," or ask you to clock out and keep working. If you worked the hours, you are owed the pay. This applies to salaried employees, too, if you are misclassified as exempt.
Off-the-Clock Work
Working before your shift starts, finishing up tasks after clocking out, attending mandatory meetings outside paid hours, or answering work messages from home can all count as compensable time. If your employer is not paying you for it, that is a wage violation.
Employee Misclassification
Employers sometimes label workers as independent contractors to avoid paying overtime, providing benefits, or covering payroll taxes. California's AB5 law established a strict "ABC test" to determine who qualifies as an independent contractor. If you have been misclassified, you may be owed back wages, overtime, and benefits you never received.
Tips Law Violations
Under California Labor Code Section 351, tips belong entirely to the employee. Your employer cannot take a portion of your tips, withhold them, or include them in your regular wage calculation. Tip pooling is allowed under California law, but only when managed legally among employees who regularly receive tips. If your employer has been pocketing tips or mismanaging tip pools, you may have a claim.
Failure to Pay Final Wages on Time
When your employment ends in California, your employer must pay your final wages immediately if you are discharged, or within 72 hours if you quit without notice. Failure to do so triggers waiting time penalties of up to 30 days of your daily wage under California Labor Code Section 203.
Missing or Inaccurate Pay Stubs
California requires employers to provide itemized wage statements with each paycheck showing hours worked, pay rates, and deductions. Under Labor Code Section 226, if your employer fails to provide accurate pay stubs, you may be entitled to penalties up to $4,000.
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What a Wage and Hour Claim Can Recover for You
If you have a valid wage and hour claim in California, here is what you may be able to recover:
- Back pay for all unpaid wages, including overtime
- Liquidated damages equal to the amount of unpaid wages under federal law
- Meal and rest break premiums at your hourly rate for each missed break
- Waiting time penalties if your final wages were not paid on time
- Civil penalties under the Private Attorneys General Act (PAGA) allow employees to sue on behalf of themselves and other workers
- Attorney's fees and costs, which California law allows employees to recover if they prevail
The value of your case depends on how long the violations went on, your rate of pay, and how many violations occurred. Our San Mateo wage and hour attorneys can review your situation and give you a clear picture of what you may be entitled to.
How to File a Complaint Against an Employer for Non-Payment in California
If your employer has failed to pay you what you are owed, you have two main options: file a wage claim with a state agency or file a lawsuit. Here is how the process generally works:
1. Document everything first. Save your pay stubs, work schedules, time records, emails, and any other records showing the hours you worked and the pay you received. If your employer denied break time, write down specific dates and shifts.
2. File a claim with the California Labor Commissioner. The California Labor Commissioner's Office (also called the Division of Labor Standards Enforcement) investigates wage claims at no cost to you. You can file online, in person, or by mail. Once your claim is filed, the Commissioner may hold a conference or hearing to resolve the dispute.
3. Consider a civil lawsuit. For larger or more disputed claims, a lawsuit may recover more than a Labor Commissioner claim. A lawsuit also allows you to pursue PAGA penalties, class action claims if other employees were affected the same way, and additional damages. Speaking with a wage & hour attorney from our firm before you file can help you choose the right path. If a violation was ongoing, our wage & hour violation attorneys can also assess whether a class action or PAGA claim may apply.
4. Be aware of deadlines. In California, most wage claims have a 3-year statute of limitations under California Code of Civil Procedure Section 338(a), or 4 years if brought under the Unfair Competition Law (Business & Professions Code Section 17208). However, the 4-year reach applies to restitution of unpaid wages themselves, not to all types of claims. Federal claims under the Fair Labor Standards Act have a 2-year window (3 years for willful violations). Do not wait too long. Missing the deadline can eliminate your claim entirely.
Why San Mateo Workers Trust Our Firm
Our wage and hour disputes attorneys have been representing workers and injury victims in San Mateo and across the Bay Area for decades. Our firm has recovered millions of dollars for clients through settlements and verdicts, and we approach every wage and hour case with the same determination we bring to our highest-stakes litigation.
We know what San Mateo employers tend to get wrong, we know how California courts view these disputes, and we know how to build a case that gets results. When you call our office, you talk to someone who knows your rights, not a call center.
If you need a wage and hour disputes attorney in San Mateo, our firm is ready to step in.
Frequently Asked Questions About Wage and Hour Claims in California
Can my employer retaliate against me for filing a wage claim?
No. California law prohibits employers from retaliating against employees who file wage claims or report labor law violations. If you experience retaliation after raising a wage issue, that is a separate legal violation your employer can be held accountable for.
What if I am a salaried employee? Does overtime apply to me?
It depends on whether you are properly classified as "exempt." Many employers incorrectly label salaried workers as exempt to avoid paying overtime. To qualify for the executive, administrative, or professional exemption in California, you must earn at least $68,640 per year (as of 2025), and your primary duties must meet specific criteria. If you do not meet both conditions, you are entitled to overtime pay.
I signed an arbitration agreement. Can I still file a claim?
Possibly. Arbitration agreements are common in California employment, but they are not always enforceable, and some wage claims (particularly PAGA actions) may still proceed in court. Our overtime attorneys can review your agreement and tell you what your options are.
How far back can I recover unpaid wages?
For most California wage claims, you can recover wages going back 3 years from the date you file your claim, or 4 years under the Unfair Competition Law. Federal FLSA claims go back 2 years (3 if the violation was willful).
Talk to Our San Mateo Wage & Hour Violation Attorneys Today
If you have questions about your pay, overtime, missed breaks, or how your employer is classifying you, do not sit on it. Wage violations are time-sensitive, and the longer you wait, the harder it can be to recover everything you are owed.
Our team at Galine, Frye, Fitting & Frangos offers free consultations to San Mateo workers dealing with wage and hour disputes. Tell us what has been happening, and we will give you a straight answer about whether you have a case worth pursuing. If you are ready to talk, contact us today to schedule your free consultation.
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