Amy Ghosh is a Los Angeles-based Attorney at Law, specializing in Immigration Law, Family Law, and Employment Law, among others. She can be reached at: amygesq@gmail.com

In California, the laws regarding unpaid wages, overtime, and meal breaks are very specific and provide strong protections for employees. If an employer fails to comply with these laws, you have the right to seek compensation.
Unpaid Wages
California law requires employers to pay employees for all hours worked, including any wages that are due. This includes:
* Final Paychecks: If an employee quits, the final paycheck must be issued within 72 hours. If they are fired, the final paycheck is due immediately at the time of termination.
* Minimum Wage: Employers must pay at least the state and any local minimum wage.
* Regular Pay: You must be paid at the agreed-upon rate for all hours worked.
Overtime
California’s overtime laws are some of the most generous in the country. Non-exempt employees are entitled to overtime pay at a rate of:
* 1.5 times their regular rate of pay for all hours worked over 8 in a workday, or over 40 in a workweek, or for the first 8 hours worked on the seventh consecutive workday in a workweek.
* 2 times their regular rate of pay for all hours worked over 12 in a workday, or for all hours worked over 8 on the seventh consecutive workday in a workweek.
Meal and Rest Breaks
California law requires employers to provide non-exempt employees with specific breaks. These breaks are not optional for the employer; they must be provided.
Meal Breaks:
* An unpaid, uninterrupted 30-minute meal break must be provided if you work more than five hours in a workday. This break must be provided before the end of your fifth hour of work.
* A second 30-minute meal break is required if you work more than 10 hours in a workday.
* Important: You must be relieved of all duty during your meal break and be free to leave the premises. If your employer requires you to work, or be “on-duty” during the break, the time must be paid.
Rest Breaks:
* A paid, uninterrupted 10-minute rest break is required for every four hours or “major fraction thereof” that you work. This means you get a rest break for a shift of 3.5 hours or more.
* An employee working an 8-hour shift should receive two paid 10-minute rest breaks.
What to Do If Your Rights Are Violated
If you believe your employer has failed to pay you for overtime or has denied you proper meal and rest breaks, you can take action.
1. Gather Evidence:
* Keep a personal log: Write down the dates, times, and hours you worked, including when you took (or missed) your meal and rest breaks.
* Collect documents: Get copies of your pay stubs, timesheets, and any emails or text messages related to your work hours or breaks. You have a legal right to request these records from your employer.
2. File a Wage Claim:
* The primary way to enforce your rights is by filing a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office.
* You can file a claim online, by mail, or in person. The process is free.
* The DLSE will review your claim and may hold a conference with you and your employer to try to reach a settlement. If a settlement isn’t reached, a hearing will be scheduled.
* The statute of limitations for these claims is generally up to three years for unpaid wages and up to three years for missed meal/rest break penalties, though some statutes can be longer.
3. Penalties for Employers:
* If an employer fails to provide a required meal or rest break, they must pay you one additional hour of pay at your regular rate for each workday a break was not provided. This means you could be owed up to two hours of penalty pay per day (one for a missed meal break and one for a missed rest break).
* For unpaid overtime, the employer will owe you the full amount of the unpaid wages, plus interest and other potential penalties.
* If your final paycheck is late, you may also be entitled to “waiting time penalties,” which can be up to 30 days of your regular wages.
It’s highly recommended to consult with a qualified employment law attorney who can help you navigate the process, ensure all claims are properly made, and help you get the full amount of compensation you are owed.