Central Coast Unpaid Wages and Overtime Attorney
Top Unpaid Wages and Overtime Lawyer on the Central Coast:
Fighting for Fair Pay
If you’re not getting paid what you’re owed, it can be more than frustrating—it can turn your life upside down. Whether it's unpaid wages, overtime violations, or denied meal and rest breaks, wage theft happens far too often. Sadly, it’s not always easy to spot when your employer is cutting corners. The good news is, California law provides strong protections for workers, and we’re here to help you fight back.
I’m John McCarthy. I focus on helping employees across Santa Cruz, Watsonville, Hollister, Salinas, Monterey, Paso Robles, San Luis Obispo, Santa Maria, Santa Barbara and beyond, recover the wages they’ve rightfully earned. We believe every worker deserves to be paid fairly—and on time. If your employer is holding back your pay or refusing to follow wage laws, we can help you understand your rights and take action.
Let’s dive into some of the most common wage and hour issues California workers face.
Employee vs. Independent Contractor: Why It Matters
One of the first things we look at in wage cases is how you’re classified. Are you an employee or an independent contractor? Employers sometimes try to classify workers as contractors to dodge wage requirements like minimum wage, overtime, and payroll taxes. This misclassification is illegal, and if it’s happened to you, it could mean you’ve missed out on thousands of dollars.
California law uses the ABC test to figure out whether someone is an employee or a contractor. To be classified as a contractor, three things must be true:
You control your work (how, when, and where you do it).
The work you perform is not part of the company’s core business.
You have an independent business providing similar services.
If you don’t meet all three of these conditions, you’re likely an employee and should be getting employee benefits like overtime pay and rest breaks. Don’t let your employer cheat you out of your rights by calling you a contractor.
Exempt vs. Non-Exempt Employees: Who Gets Overtime?
In California, not all employees qualify for overtime pay—those who don’t are classified as exempt. Employers often misuse this exemption to avoid paying workers overtime. Just being paid a salary doesn’t make you exempt—there are specific rules about which positions fall under the exempt category.
To be legally exempt, your job must meet three criteria:
Duties test: You must perform specific types of tasks, like executive, administrative, or professional work.
Salary test: As of 2024, your annual salary must be at least $66,560 for a full-time position (twice the minimum wage for a 40-hour week).
Independent judgment: You must have the authority to make significant decisions for the company.
If your employer claims you’re exempt but your job duties don’t align with these requirements, you may be entitled to unpaid overtime. We’re here to help you determine your proper classification and recover what you’re owed.
California’s Minimum Wage: Know Your Worth
The minimum wage across California increases each year, and the rate differs depending on the size of your employer. As of 2024, the statewide minimum wage is $16 an hour, but many cities and counties on the Central Coast—like Santa Cruz and San Luis Obispo—have set their own higher minimum wages.
Employers sometimes fail to keep up with these local changes. If you’re being paid less than the legal minimum wage in your city or county, you have a right to recover the difference.
Meal and Rest Periods: You Deserve a Break
California takes breaks seriously. If you work more than five hours in a shift, your employer must give you a 30-minute unpaid meal break. If you work more than ten hours, you’re entitled to a second 30-minute meal break. You also have the right to a paid 10-minute rest break for every four hours you work.
Employers sometimes skip breaks or pressure workers to eat at their desks. If this sounds familiar, you may be entitled to one hour of extra pay for each missed break. Your time is valuable, and we’ll make sure your employer doesn’t get away with cutting corners.
Overtime Pay: Know When You’re Owed More
California overtime laws require employers to pay 1.5 times your regular rate for every hour worked over 8 hours in a day or 40 hours in a week. If you work more than 12 hours in a day, your overtime rate increases to double time.
Some industries try to avoid overtime pay by implementing illegal time-reporting practices. Whether you’re in agriculture in Watsonville or hospitality in Monterey, if your employer is not paying you overtime, they could be violating the law.
Piece Rate and Commissions: Fair Pay for All Types of Work
If you’re paid by the piece (for example, farmworkers in Salinas) or earn commissions (like sales reps in Santa Barbara), you still have rights under California wage laws. Even if your pay is structured differently, you’re entitled to:
Minimum wage for all hours worked
Overtime pay where applicable
Paid rest breaks
If your employer only pays you for completed tasks but doesn’t account for rest breaks or downtime, you could be missing out on earnings. We’ll help you figure out if you’ve been shorted.
Reporting Time Pay: When You Show Up but Don’t Work
Have you ever shown up for a shift, only to be sent home early? California law protects workers in these situations with reporting time pay. If your employer schedules you but doesn’t give you at least half of your scheduled hours, they must pay you for at least half of your shift.
Split Shift Pay: When Your Day Gets Stretched Out
A split shift happens when your employer schedules you for two separate work periods in the same day with an unpaid gap in between. In California, you must be paid an additional hour of pay at minimum wage if you work a split shift. If this is happening to you, it might be time to check whether your employer is paying you correctly.
Vacation, PTO, and Sick Pay: Your Time Matters
California law doesn’t require employers to offer vacation or paid time off (PTO), but if your employer does, that time is considered earned wages. That means your employer can’t take away or withhold your vacation pay—it must be paid out if you leave the company.
The state does require employers to provide sick pay, and you earn at least one hour of sick leave for every 30 hours worked. Employers can’t deny your right to use sick time or retaliate against you for taking it. If you’ve been denied vacation pay, PTO, or sick leave, we’ll make sure you get what you’re owed.
Paydays and Pay Periods: When Should You Get Paid?
California has strict rules about when employees must be paid. Employers can’t just make up their own schedules and pay you whenever they feel like it. If your employer isn’t paying you on time or regularly, that’s a serious violation of the law. Understanding these rules can help you spot issues early and take action if necessary.
How Often Should You Get Paid?
Most employees in California must be paid at least twice a month, though certain industries and employees may have different rules. Here’s a general breakdown of how it works:
Non-exempt employees (hourly workers):
You must be paid at least twice a month (usually on the 1st and 15th or every two weeks).
Wages earned between the 1st and 15th must be paid by the 26th of the same month.
Wages earned between the 16th and the end of the month must be paid by the 10th of the following month.
Exempt employees (salaried workers):
You can be paid once per month, but most employers still choose to pay twice monthly.
Farmworkers and union employees:
Sometimes, employees in these categories may be paid weekly or according to other negotiated schedules.
Your employer must give you a written statement outlining your regular paydays, so you always know when to expect your paycheck. If they change your payday without notice or delay payments beyond the legal deadlines, they could be in violation of wage laws.
What Happens If You Don’t Get Paid on Time?
Getting paid late isn’t just inconvenient—it’s illegal. If your paycheck doesn’t arrive when it’s supposed to, you could be entitled to waiting time penalties. These penalties equal one full day’s pay for each day your paycheck is delayed, up to 30 days.
For example, if you were supposed to be paid on the 1st, but your employer didn’t issue your paycheck until the 10th, you could be owed 10 days’ worth of wages as a penalty. The penalties apply whether you were fired, quit, or are still working but not getting paid on time.
Pay Period Violations: Are You Being Shorted?
Beyond just getting paid late, some employers use illegal pay periods to avoid paying overtime or keep workers confused about what they’re owed. Here are some red flags:
Your employer moves the end of a pay period to avoid paying overtime.
You are asked to work off the clock for hours that aren’t officially recorded.
You’re told that some of your hours will appear on your next paycheck instead of the current one.
If your employer has been inconsistent with your paydays or has withheld any part of your wages, we can help. The law requires transparency and consistency, and you shouldn’t be forced to jump through hoops to get what you’ve earned.
Recordkeeping: Why Pay Stubs Matter
California law requires employers to give you a detailed pay stub each time you’re paid. The pay stub must include:
Total hours worked
Gross and net wages earned
Pay period start and end dates
Overtime hours (if any)
Deductions (like taxes or benefits)
If your pay stub is missing this information—or your employer isn’t giving you pay stubs at all—it could be a sign of wage theft. In many cases, this kind of recordkeeping violation comes with additional penalties. We can help you determine if you’ve been given incomplete or inaccurate pay information.
Waiting Time Penalties: Payday Shouldn’t Be Delayed
When you leave a job, your employer must pay you all wages owed immediately if you quit with notice or on your last day if you were fired. If they fail to pay on time, you may be entitled to waiting time penalties equal to one day’s wages for every day your paycheck is delayed, up to 30 days.
If your former employer is dragging their feet on paying you, it’s time to take legal action. You shouldn’t have to wait for what you’ve already earned.
Taking Action: How We Help Workers Get Paid
Wage and hour violations are common, but they’re not always easy to catch. We’ll help you review your paystubs, time records, and work agreements to identify where your employer may have gone wrong. If we find violations, we’ll file claims with the California Labor Commissioner or pursue a lawsuit to recover your wages.
We represent workers across a variety of industries, from farmworkers in Hollister to restaurant staff in Paso Robles. No matter your job, if you’ve been shortchanged on pay, we’ll fight to make it right.
Why Choose Us?
We’re passionate about helping underdogs. We understand the stress and frustration of dealing with unpaid wages, and we’re committed to providing compassionate counsel while fiercely advocating for your rights.
What sets us apart?
Personal attention: You won’t get handed off to a paralegal—you’ll work directly with me.
Local focus: As a Central Coast native, I know the challenges workers face in our communities.
Free case evaluations: Let’s talk about your situation and see if we can help.
If we can take your case, we’ll get started right away. If not, we’ll do everything we can to point you in the right direction. Either way, we’re here to support you.
Reach Out Today: Get the Pay You Deserve
If you believe your employer has failed to pay you correctly—whether it’s overtime, meal breaks, or waiting time penalties—don’t wait to take action. Wage theft can quickly add up, and the sooner we address it, the better.
We offer free, confidential consultations, and there’s no obligation to move forward. Let’s figure out what’s going on with your paycheck and make sure you get every penny you’ve earned.
Get your free case evaluation today and let’s start working toward the fair pay you deserve.
Fighting for fair wages isn’t just about getting what’s owed—it’s about dignity, respect, and justice. Your hard work should never be taken for granted, and your employer shouldn’t be allowed to pocket money you rightfully earned. Whether you’re missing a few hours of overtime or haven’t been paid your full wages for months, we’re here to make sure employers are held accountable.
We know wage theft can feel overwhelming, but you don’t have to go through it alone. We’ll guide you every step of the way, from understanding your legal rights to recovering your wages.
Common Wage and Hour Violations We See Across the Central Coast
In our practice, we’ve helped employees from Santa Cruz to Santa Barbara handle a wide range of wage and hour disputes. Here are some of the most common issues we address:
Misclassification of Employees:
Companies wrongly label workers as independent contractors or exempt employees to avoid paying overtime and benefits.
Overtime Violations:
Employees work more than 8 hours a day or 40 hours a week but only get straight-time pay or no extra pay at all.
Failure to Provide Meal or Rest Breaks:
Workers in retail, restaurants, agriculture, or warehouses are denied legally required breaks.
Minimum Wage Violations:
Workers, especially in agriculture, hospitality, or childcare, are paid less than the local or state minimum wage.
Unpaid Commissions or Bonuses:
Salespeople and other commission-based workers are denied payment for commissions they’ve rightfully earned.
Improper Handling of Final Paychecks:
Employers delay or withhold paychecks after termination or resignation.
If any of these sound familiar, you have the right to take action. You don’t have to let wage theft slide. We’ll help you determine the best path forward—whether it’s negotiating with your employer, filing a claim with the Labor Commissioner, or taking the case to court.
Don’t Be Afraid to Speak Up—We’ve Got Your Back
Standing up to your employer can feel intimidating, but California law protects employees from retaliation. If your employer threatens or punishes you for filing a wage complaint or even asking about your pay, that’s illegal. Retaliation could take many forms, like:
Cutting your hours
Demoting you
Harassment or termination
We won’t let that happen to you. If your employer retaliates, we can file an additional claim for damages. No one should feel afraid to demand fair pay, and we’ll be by your side every step of the way.
Time Is of the Essence: Don’t Wait to File Your Claim
California has strict statutes of limitations for wage and hour claims. In most cases, you have:
Three years to file a claim for unpaid wages or missed meal and rest breaks.
One year to file a claim for waiting time penalties or pay discrepancies related to commission or bonuses.
The clock starts ticking from the date the violation occurred, so it’s important to act quickly. If you’re not sure whether you still have time to file a claim, get your free case evaluation—we’ll help you figure it out.
What Happens If You Win Your Case?
If we’re successful in your claim, you could recover much more than just the unpaid wages. Depending on the circumstances, you may also be entitled to:
Interest on unpaid wages
Penalties for each violation (e.g., waiting time penalties or missed meal break penalties)
Attorneys' fees and legal costs
Compensation for emotional distress if there’s evidence of retaliation
Employers often try to avoid paying what they owe by dragging their feet or intimidating employees, but we won’t let them get away with it. We’ll fight hard to get you every penny you’re owed—and then some.
We Know the Central Coast—and We Know Wage Law
Whether you’re working in agriculture in Watsonville, hospitality in Monterey, tech in Santa Cruz, or retail in San Luis Obispo, wage violations affect workers across all industries. The Central Coast is home to some of the hardest-working people in California, and we believe you deserve to be treated fairly—no matter where you work or what you do.
Our office proudly serves the following communities:
Santa Cruz
Watsonville
Hollister
Salinas
Monterey
Paso Robles
San Luis Obispo
Santa Maria
Santa Barbara
When employers take advantage of workers in these communities, we take it personally. We’ll fight for your rights as if they were our own.
Your Next Step: Get in Touch Today
If you suspect your employer owes you unpaid wages or has violated California labor laws, don’t wait to reach out. Even if you’re not sure whether you have a case, it doesn’t hurt to ask—and our case evaluations are always free and confidential.
Here’s how it works:
Get your free case evaluation below.
If we think we can help, we’ll schedule a free consultation to discuss your situation.
If we can take your case, we’ll get to work immediately.
If we can’t help, we’ll point you in the right direction.
We know how stressful it is to deal with unpaid wages. Let us handle the legal fight so you can focus on what matters—your work, your family, and your life.
Get Your Free Case Evaluation Today- We’ll Help You Get the Pay You Deserve
You work hard, and you deserve to be paid fairly. Don’t let wage theft take that away from you. We’re here to make sure every worker on the Central Coast gets the wages and respect they’ve earned.
Get your free case evaluation today. We’re ready to fight for you.