Costa Mesa Wage and Hour Lawyer

Wage and Hour Attorney in Costa Mesa, CA

Every worker in California has the right to receive fair wages. However, many employers commit wage theft in various ways. If you have discovered that your rights as an employee have been violated, seek counsel from one of the many Costa Mesa wage violations lawyers at California Employment Counsel, APC, to understand your legal options under California law.

Hire a Wage Violations Lawyer with Experience to Protect Your Rights

The lawyers at California Employment Counsel, APC, have spent years advocating on behalf of California workers. We believe that the outcome of our cases has a real impact on local communities. Our goal is to give our neighbors the resources they need to make informed decisions about their cases and lives.

Your Rights as a California Employee

In 2023, major employers in Costa Mesa included Experian Information Solutions, Coast Community College District, and the Automobile Club of Southern California. In 2024, there were 64,900 individuals employed in Costa Mesa. Some of the top job industries in the area are listed below: 

• Professional, scientific, and technical services, 7,258 workers
• Retail trade, with 6,922 workers
• Health care and social assistance, with 6,190 workers

If you are employed in California, you have a right to receive fair pay and the pay you were promised. If you don’t, this is called wage theft and is illegal. Common forms of wage theft can include those circumstances listed below:

• Being denied lunch or rest breaks. In California, most workers must be given a 30-minute meal period if they work over five hours in one day. For work shifts that exceed 10 hours, an additional meal period must be given.
• Being denied the required 10-minute rest period for every four hours worked. For shifts over six hours, at least two rest periods must be given. 
• Being paid less than minimum wage or less than what you agreed upon. For 2026, the minimum wage in California is $16.90 per hour. However, certain careers have higher minimum wages. Those working in fast food restaurants must be paid at least $20 per hour.
  
• Having deductions taken out of your paycheck without your explicit consent.
  
• Receiving paychecks that bounce.
  
• Not being allowed to take sick days or paid time off. Alongside regular sick days, most employees in California are eligible for time off under the federal Family and Medical Leave Act and the California Family Rights Act.

Under FMLA, employees who work at companies with over 50 employees are eligible to take off up to 12 weeks of unpaid leave per calendar year for family and medical reasons. 

The CFRA further protects state workers by allowing employees working at companies with over five employees to take off up to 12 weeks of unpaid leave per calendar year for family and medical reasons, including bonding with a new child, taking care of their health, or caring for an ill family member.

• Not being paid a promised bonus.
  
• Not being paid overtime. In California, if an employee works over eight hours in one day, they must receive 1.5 times their regular pay rate for the extra time worked. If an employee works over 12 hours in one day, they must receive twice their regular pay for the extra time worked. This is also applicable to employees who work over 40 hours in a calendar workweek. 
• Not being allowed to access personnel or payroll files.
  
• Not receiving a prompt final paycheck.

These acts are unlawful in California. However, they can be difficult to recognize, as perpetrators often use manipulation tactics to avoid detection. Always check that your paycheck aligns with your hours and tax deductions. You should also fully understand your workplace’s employment handbook and your rights as an employee in California, regardless of what your employer may say.

What to Do if Your Rights Have Been Violated?

If you have experienced any type of wage theft or violation, you have the right to pursue legal action. In 2021, over 19,000 employees in California filed a wage theft claim. More than $338 million was reported missing from wages. Those who hire a wage violations lawyer can optimize the potential for getting a favorable outcome from their claim.

For those who need to file a report about wages or benefits, you can file a claim at your local Labor Commissioner’s office. For residents of Costa Mesa, this office is located at 2 MacArthur Place in Santa Ana. When you file your claim, the Labor Commissioner can then investigate it. 

The next step is to attend your settlement meeting. This is a meeting between you, your attorney, and your employer to discuss the wage theft. If you and your employer don’t agree, the case is assigned to a hearing officer, who is in charge of deciding the claim.

Deadlines to File a Wage Violation Claim in California

Depending on the type of claim, the deadline for filing and the government entity overseeing the case can vary. Regardless of the type of case, your attorney can help you fully understand how the legal process in California works. They can also help you gather evidence related to your case to prove you are, in fact, the victim of wage theft.

When filing a wage claim, there are specific and strict legal deadlines that must be followed.A Costa Mesa wage violations attorney can help you file your claim according to the timeline requirements listed below:

• Within one year for claims regarding bounced paychecks, or being denied timely access to personnel or payroll records
  
• Within two years for violations regarding verbal promises to receive pay higher than California’s minimum wage
  
• Within three years for violations regarding minimum wage, overtime pay, sick leave, unpaid business expense reimbursements, unlawful deductions from your paycheck, and unpaid or denied rest and meal periods
  
• Within four years for violations regarding a written contract

Work With a Costa Mesa Wage Violations Attorney to Safeguard Your Worker’s Rights 

When dealing with the stress of having your employee rights violated, you need empathetic legal support. Our lawyers have years of experience focusing on all facets of employment law and are here to help. Contact California Employment Counsel, APC, today to schedule a consultation at our office in Costa Mesa and learn how our attorneys can assist you during this challenging time in life.