Unpaid Wage Lawyer

Lawyer for unpaid wages often work on a contingency agreement; this means that the lawyer suing for unpaid wage only get a fee if money is recovered for the employee.

Brad Nakase, Attorney

Email  |  Tel (888) 600-8654

Lawyer for Unpaid Wages

Unpaid wage lawyer, Brad Nakase, protects employees from unpaid wages. One of the most frequent employment law issue is unpaid wages. An employee suing for unpaid wages California labor laws has statutory attorney’s fee in favor of the employee. Further, money damages awarded in unpaid wages are the most considerable portion of all employment law claims in California. If you believe you were unpaid for hours, work, not given a break, not given lunch, and not paid for all overtime worked, please contact our unpaid wage lawyer for free legal advice. Brad Nakase is a lawyer for unpaid wages since 2006.

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.

Unpaid Wage FAQ

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 minimum wage, is there anything I can do?

Your employer must pay you California minimum wage. If you are being paid less than that then you should contact our unpaid wage lawyer to assist you.

Date Minimum Wage for Employers with 25 Employees or Less Minimum Wage for Employers with 26 Employees or More
January 1, 2017 $10.00/hour $10.50/hour
January 1, 2018 $10.50/hour $11.00/hour
January 1, 2019 $11.00/hour $12.00/hour
January 1, 2020 $12.00/hour $13.00/hour
January 1, 2021 $13.00/hour $14.00/hour
January 1, 2022 $14.00/hour $15.00/hour
January 1, 2023 $15.00/hour

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.

Free Consultation: 888-600-8654

The majority of Americans live paycheck to paycheck, so any interruption in your wages can leave you struggling to pay bills. In some cases, you may even be charged late fees for not paying bills on time. The first step if you have not been paid your wages is to contact your employer and give them the chance to resolve the situation. If they do not do anything, then seek legal advice from an employment lawyer right away.

If you have unpaid wages, you may struggle to keep the roof over your head or your electricity on. More importantly, you deserve to be paid for your hard work and not struggle financially after you have worked hard for your employer. The first step in resolving unpaid wage claims is to contact your boss and bring the mistake to their attention. If they have been unhelpful and have not resolved the issue, you can hire a lawyer to sue for unpaid wages.

Brad Nakase is a lawyer for unpaid wage and skilled in employment law. Brad will help you determine if you have a case or not. 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.

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What is an EDD Audit?

An EDD audit is a payroll tax audit initiated when a former worker you classified as an independent contractor applies for unemployment with EDD.  The EDD thinks you misclassified the worker as an independent contractor and audits your company. 

Using PTO for Paid Vacation Time

PTO is any time an employee gets paid while away from work, including paid vacation time. PTO is paid time off, meaning a worker may use PTO for any reason, such as paid sick leave or paid vacation time.

When to hire an employment attorney?

You should hire an employment attorney as soon as you are aware of the issue or believe something is wrong and that the employer is not remedying the issue, such as harassment, wrongful termination, or discrimination.

Is PTO Required by Law?

Employers in California are not required to provide any PTO, such as paid time off or paid or unpaid vacation, to their employees.

Are 10 Minute Breaks Mandatory in California?

Employers in California are required by law to give non-exempt employees one 10-minute rest break for every four hours worked. A non-exempt employee is generally a worker who is paid by the hour and not by salary.

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.

Can PAGA Claims Be Arbitrated?

The U.S. Supreme Court clarified on June 15 that companies can compel arbitration of an employee's individual of an employee's individual PAGA claim, the non-individual claims should be dismissed.

Can you get fired for dating a coworker?

Most employment is generally at-will, so employers can fire an employee for dating a co-worker. However, if the co-worker you're dating was not fired, the employer firing you could be considered gender discrimination, and you can file a lawsuit.

How to report a company paying employees under the table?

A worker can report cash wage "under the table" by hiring an attorney or reporting to EDD. Before you say that the employer is paying under the table, you should ensure that it is illegal because it is not illegal if done correctly.

Can an employer take away earned PTO?

Paid Time Off or PTO cannot be taken away or forfeited when the pay accrues as earned. An employer is prohibited from taking away earned vacation time to punish you.

What Makes a Strong Retaliation Case?

The standard for proving a retaliation case requires the worker to show that the supervisor's action against the worker might deter a reasonable worker from reporting discrimination or participating in the EEOC complaint process.

Do you get paid for training at a job?

Under California employment law, employers are legally obligated to pay employees for time spent training for a job. It is illegal for employers to require employees to undergo unpaid training.

What is paid time off?

Paid time off - also known as personal time off - is when an employee takes off work while still getting paid by the employer. Likewise, personal time off is when an employee gets paid or unpaid while away from work.

What does an employment lawyer do?

An employment lawyer help employers and employees understand their respective rights and obligations, such as wages, wrongful termination, overtime, PTO, disability, discrimination, harassment, etc.

13 Wrongful Termination Examples

Employees wins millions of dollars in wrongful termination lawsuits against their employers. If an employee has been dismissed for the reason that is deemed illegal in California, then they may be able to sue their former employer for wrongful termination.

How do I know if I am exempt from overtime pay?

As of 2023, to be exempt from overtime pay, you must make at least $62,400.00 per year or $5166.66 per month. To be classified as an exempt employee, your salary must be at least twice California's minimum wage for full-time employment. 

Women’s Rights When Experiencing Sexual Harassment at Work

Title VII of the Civil Rights Act of 1964 (“Title VII”) makes it illegal for employers to allow anyone to be sexually harassed at work by anyone else, regardless of sexual orientation, gender, or sex. Women who experience sexual harassment at work may experience a range of negative consequences, including mental and physical health problems, lower earnings, and career interruptions.

How to respond to a notice of PAGA lawsuit?

5 steps to defend a PAGA lawsuit: 1) contact a PAGA lawyer after getting a PAGA Notice, 2) locate the arbitration agreement, if any, 3) determine if the safe harbor provision of the PAGA state applies, 4) compile a list of all employees that were similarly situated, 5) Collect the employee's manual.

What happens if you get an EDD audit?

An EDD audit is a process of verification that you have correctly withheld and reported personal income tax for wages paid to your employees. If you get an EDD audit, you may be liable for a wide range of fines, interest, and penalties on taxes that you owe.

What are the 4 Caregiver rights in California?

California caregivers are entitled to rest breaks, meal breaks, minimum wage, overtime pay for working over 8 hours per day, and double time for working over 12 hours, including overnight stays. Employers often face lawsuits from caregivers for violating caregivers’ rights, such as basic wages.

Terminating Employee with Cancer

Cancer is protected under the Disability Act, which protects an employee from retaliation and discrimination because of health impairment related to a cancer diagnosis. An employer cannot discriminate against an employee upon discovering that an employee has a severe illness or cancer.

Can I be fired for work restrictions?

No, you cannot be fired for work restriction if it is based on disability. However, an employer can fire an employee in some situations if the employee has work restrictions.

Annualized Compensation

An annualized compensation is to a predetermined gross pay per month paid to an employee for twelves months, totaling an estimated annual income.  In other words, annualized compensation - also known as annualized salary - is an estimate of how much pay an employee will earn over the course of a year if they were to work the full year. For example, teachers commonly do not work summer months and therefore need to annualized their salary for reporting taxes.

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