Wage Theft: How to Spot It and What You Can Do About It
Wage theft is one of the most widespread and damaging forms of labor law violations in California. It can happen in obvious ways—or sneak into your paycheck through small but illegal shortcuts. No matter how it shows up, wage theft is against the law, and you have the power to fight it.
What Is Wage Theft?
Wage theft occurs when an employer fails to pay you what you’re legally owed. This can include:
- Not paying overtime
- Paying below minimum wage
- Withholding final paychecks
- Denying meal or rest breaks (without compensation)
- Asking you to work off the clock
- Misclassifying you as an independent contractor
Wage theft is not just unfair—it’s illegal, and workers have the right to recover every dollar they’re owed.
Who Is Most at Risk?
Wage theft can affect anyone, but it’s especially common in:
- Food service, retail, and hospitality
- Construction and janitorial services
- Domestic work and caregiving
- Gig economy and contract work
Low-wage and immigrant workers are often disproportionately targeted—but California labor laws protect everyone, regardless of immigration status.
How to Spot Wage Theft
- You’re not receiving overtime pay after working more than 8 hours in a day or 40 in a week.
- You’re told to “clock out” but keep working.
- Tips are being taken by your employer.
- You’re paid in cash but with no pay stub or documentation.
- You didn’t receive your full wages on your final day.
What Can You Do?
- Keep records: Track your hours, pay stubs, schedules, and communications.
- File a wage claim: You can file with the California Labor Commissioner’s Office without needing a lawyer.
- Consult an attorney: For complex cases or large amounts, an employment attorney can help recover unpaid wages and penalties.
You deserve to be paid fully and fairly for your work. Don’t let wage theft go unchecked.
