Updated on April 19th, 2023

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 A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

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.

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