Unpaid Wage Claim: The Role of Attorneys in Recovering Wages

An unpaid wage claim often requires the guidance of an attorney to navigate the complexities of California labor laws. Unpaid wage lawyer Brad Nakase protects employees from unpaid wages, with NO UP FRONT COST to you. There are no fees or expenses for clients unless we win a recovery for you. One of the most frequent employment law issues is unpaid wages. If you believe you were unpaid for hours worked, not given a break, not given lunch, and not paid for all overtime worked, please contact our unpaid wage lawyer for free legal advice.

Since 2006, unpaid wage lawyer Brad Nakase has represented hundreds of employees in unpaid wage claims. This money will help you and your family pay your bills. You should not have to fall behind on payments because your employer has not paid you.

Brad Nakase, Attorney

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Unpaid Wage Claim Assistance from Experienced Lawyers

An unpaid wage claim can be supported by experienced attorneys who are familiar with California’s labor laws. If your employer has not paid you the wages you are due, our unpaid wage lawyers are here to help. First, contact your employer about the unpaid wages and give them a chance to make it right. If they have still not paid the wages or resolved your concerns, get in touch with our attorneys to learn what your next steps are.

If you’re unable to recover unpaid wages, our California unpaid wage attorneys can help you recover the money from the employer. We have a successful track record with unpaid wages claims and will handle your case for a quick and effective resolution. Our mission is to ensure you have the compensation you are due to support your family. Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed.

If your employer has not paid you the wages you are due, our unpaid wage lawyers are here to help. First, contact your employer about the unpaid wages and give them a chance to make it right. If they have still not paid the wages or resolved your concerns, get in touch with our attorneys to learn what your next steps are. If you’re unable to recover unpaid wages, our California unpaid wage attorneys can help you recover the money from the employer. We have a successful track record with unpaid wages claims and will handle your case for a quick and effective resolution. Our mission is to ensure you have the compensation you are due to support your family.

Since 2006, unpaid wage lawyer, Brad Nakase, has represented hundreds of employees in unpaid wage claims. You are entitled to wages for the work you do for an employer. This money will help you and your family pay your bills. You should not have to fall behind on payments because your employer has not paid you.

Filing an Unpaid Wage Claim with Legal Support

An unpaid wage claim starts the process to collect on those unpaid wages or benefits. Filing a wage claim with the Labor Commissioner’s Office is a relatively straightforward process. To file a wage claim, you will need to complete a form called a “DLSE Form 1.” You can download this form from the Labor Commissioner’s website or obtain a copy from a local office. The form asks for basic information about you, your employer, and your employment, as well as information about your wage claim.

Once the investigation is complete, the Labor Commissioner will issue a decision in writing. If the decision is in your favor, your employer will be ordered to pay the wages you are owed, plus any penalties or interest. If the decision is not in your favor, you may be able to appeal the decision to a higher authority. Wage claims can be filed online, by email, mail, or in person.

What should I do if I haven’t received a paycheck, including all the hours I worked?

It is essential to make a record of the hours you worked during the pay period. Keep a record of any extra expenses because the paycheck was late. The first step is to bring the unpaid wages to your employer’s attention and give them a chance to rectify the issue. It could have just been due to a clerical error or bank issue. If it were a simple mistake, the bank or your employer would cover the extra costs due to the unpaid wages. If it was intentional, then you will receive compensation for your unpaid wage claim.

What should I do if I haven’t be paid for some of the hours in my recent paycheck?

Immediately keep a copy of the cashed check, your pay stub, and a record of the work hours during that pay period. Talk to your employer about why you were underpaid and give them a chance to fix the error if it was an honest mistake. If it were purposeful, you would be compensated when you file a claim. The federal law requires all workers to be paid for all of the hours they work.

What should I do if my employer’s check bounced?

A bounce check is considered unpaid wage. The law requires your employer have sufficient funds to cover payroll checks. If your wage checks bounce, you should speak to your employer to see if it was an honest mistake. Keep all documentation such as your pay stub, a record of your hours, and documents from your checking account; then contact our unpaid wage lawyer to help you.

My employer is not paying me for the overtime hours I worked, what can I do?

Federal law states that employees must be paid 1.5 times their regular hourly wage for every hour worked over forty hours a week. California law also states that if employees work over twelve hours a day, they are to receive double their regular hourly pay for the extra hours. Some job roles are exempt to overtime laws, so it is worth checking your job does not fall under the exempt list before you seek legal advice.

You are eligible for the extra payment if you work more than eight hours a day or forty hours a week. Your overtime hours should be paid at 1.5 times your usual hourly rate. If you work over twelve hours a day, you should receive double time for those extra hours.

I have not received the bonus I was promised, what can I do?

You cannot seek a federal agency’s advice, the Fair Labor Standards Act does not require the payment of bonuses. However, if your bonus was stated in your contract, you are entitled to it and you can take legal action. Make sure you have your bonus in a written letter so you can enforce it.

Speak to your employer first, send them a formal letter regarding the issue. For a small bonus, if the issue is not resolved, take it to small claims court. For a big bonus, if nothing is resolved, seek the help of a lawyer.

The Fair Labor Standards Act does not require the payment of bonuses, so you are unable to speak to report this to a federal agency. However, if the bonus is stipulated in your contract or any other legal document, you can take action. When your employer promises a bonus, ask for it in writing, ideally on an official letter.

I have not been paid the commissions I earned, what should I do?

You cannot seek a federal agency’s advice because the Fair Labor Standards Act does not regulate the payment of commissions. However, if the payment of commissions is in your contract, then you can seek the advice of an attorney for a large amount or go to small claims court for a small amount.

The Fair Labor Standards Act does not regulate the payment of commission, so you cannot report this to a federal agency. However, if the commission earnings are mentioned on your contract, then you have legal rights to those earnings. Employ an attorney for large sums of money or file with a small claims court for small amounts of money.

We Handle Unpaid Overtime and Wages Lawsuit

At Nakase Law Firm, we can handle any California unpaid wage claims. We have dealt with the following kinds of cases:

  • Unpaid overtime wage
  • Unpaid minimum wage
  • Unpaid double-time wage
  • Unpaid commissions wage
  • Unpaid accrued vacation pay wage
  • Denied meal periods (e.g. lunch breaks) wage
  • Unreimbursed uniforms or tools wage
  • Unreimbursed mileage wage
  • Failure to account or pay commissions, shift difference, or bonuses in overtime pay
  • Failure to reimburse employees for business expenses
  • Underpaying wages due to rounding time worked rather than clocked in hours
  • Failure to pay employees for time spent putting on protective gear before clocking in
  • Failure to pay employees for time spent walking to and from workstations at the start and end of their shift
  • Failure to pay wages owed at termination in a timely manner
  • Failure to pay out accrued vacation wages at termination
  • Failure to pay an hourly wage at or above local or state minimum wage
  • Failure to pay minimum wage for non-productive time for employees on commission or piece-rate basis
  • Failure to pay prevailing wages for any work on public work projects


If you believe you have been underpaid or not paid for your work, then you need to seek legal advice from an unpaid wage lawyer. An unpaid wage attorney can put together a strong case with our expertise and resources behind you. It is essential to get legal advice if you have not been paid the wages you are entitled to. Our unpaid wage lawyers will advise and support you throughout the process.

Employer Violations Leading to Unpaid Wage Claims

An unpaid wage claim may involve numerous employer violations. Unpaid wages and overtime hours happen a lot, but they do not have to, and should not. Misclassification occurs when employers wrongfully label employees as independent contractors to avoid paying overtime or minimum wage. Employers may fail to compensate for pre-shift duties, missed breaks, or time spent donning protective gear.

If you have not received a paycheck including all the hours you worked, it is essential to make a record of the hours you worked during the pay period. Federal law requires all workers to be paid for all of the hours they work. If you work over twelve hours a day, you should receive double time for those extra hours.

Attorneys Handling Complex Unpaid Wage Claims

An unpaid wage claim lawyer can address issues such as unpaid overtime wage, unpaid minimum wage, unpaid commissions, and more. If your employer failed to pay the single day’s standard earnings for 30 days, the employee or former employee is entitled to 30 days of standard pay wages. Employers who neglect to pay unpaid wages risk legal action and fines imposed by the California labor board.

For example, failure to pay at least the required minimum wage leads to unpaid California wages, which employers are legally required to fulfill. If no settlement agreement is reached, your claim will be scheduled for a hearing. An unpaid wage attorney can put together a strong case with expertise and resources behind you.

Deadlines and Documentation in Unpaid Wage Claims

An unpaid wage claim attorney will ensure all necessary steps are taken within legal deadlines. Make sure you file timely:

  • Within one year for penalties regarding a bounced check or failing to provide access to, or a copy of, payroll or personnel records.
  • Within two years for an oral promise to pay more than minimum wage.
  • Within three years for violations of minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions from pay, or unpaid reimbursements.
  • Within four years for a written contract.

Gather the facts and provide detailed information on your employer, including records of hours worked and pay stubs. Each time you are paid, your employer must provide you with a paystub or detailed wage statement. These itemized statements must include your name, wages earned, dates of the pay period, and your employer’s name and address.

Protecting Workers’ Rights Through Legal Action

An unpaid wage claim lawyer can help protect employees’ rights and secure their deserved wages. Workers in California can experience unpaid wages for several reasons. These causes can be uncompensated salaried hours and unpaid bonuses or commissions during a termination process. Companies need to pay wages by law. California unpaid wages laws exist to protect employees.

For example, tipped employees have a right to a set minimum wage even without the inclusion of tips. Doctors and nurses in hospitals have their own issues, such as a lack of reimbursement for meals within the workplace when they must be in the building for lengthy shifts.

Class Action Unpaid Wage Claims and Legal Remedies

An unpaid wage claim may expand into a class action when multiple employees experience similar violations. When an employee asserts wage theft or hour abuses, they should first seek out any colleagues who also experienced similar violations. A class action can address wage theft or unpaid hours when a group of employees is affected by the same violations.

If your claim is not resolved within 30 days, the Labor Commissioner may hold a hearing to determine the validity of your claim. Once the investigation is complete, the Labor Commissioner will issue a decision in writing.

Resolving Unpaid Wage Claims with Legal Assistance

An unpaid wage claim may result in a settlement or a hearing decision to recover unpaid wages. A settlement is an official agreement to resolve the wage claim. Employers who fail to comply with settlements risk further legal action and penalties.

In most cases, an employer may have violated California labor laws against multiple employees. Successful wage and hour class action lawsuits often involve unpaid wages for overtime or missed meal breaks or rest periods. For wage theft for all types of workers in California, the wage claim will likely be with the California Division of Labor Standards Enforcement (DLSE).

Conclusion: Attorneys Empower Workers in Unpaid Wage Claims

An unpaid wage claim benefits greatly from the involvement of a skilled attorney. Our unpaid wage lawyers will advise and support you throughout the process. Brad Nakase is a lawyer for unpaid wage and skilled in employment law. We offer free consultations on unpaid wage where we will listen to the facts of your situation and prepare a personalized plan of action to bring about a just result for unpaid wages. If you believe you have been underpaid or not paid for your work, then you need to seek legal advice from an unpaid wage lawyer.

Workers deserve to be compensated for their labor. With the backing of California’s labor laws and experienced attorneys, employees can recover their rightful wages and hold employers accountable for violations.

Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.
Is It Illegal to Work Seven Days a Week

Is It Illegal to Work Seven Days a Week?

Working seven days a week varies by state, with California laws addressing rest days and overtime pay rules. Employers must ensure compliance with labor laws to guarantee proper compensation and protect employee wellbeing.
How Many Hours per Week Is Considered Full Time

How Many Hours per Week Is Considered Full Time?

Find out what constitutes full-time employment, typical workweek lengths, and the benefits of full-time jobs, including health insurance and PTO. Learn how employers define full-time hours, overtime rules, and requirements for family leave under FMLA.

How To Report A Company Paying Employees Under The Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.

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