You work 55 hours a week but only get paid for 40. Your employer makes you work through your lunch break without extra pay. They call you a "contractor" but control every hour of your workday. Or they tell you that because you are "salaried," you have no right to overtime.
What you are describing has a legal name: wage theft. And in California — where labor laws are the strongest in the country — it is completely illegal.
My name is Arlo Uriarte. I am an employment attorney at Liberation Law Group and I have spent over 30 years recovering stolen wages for workers in San Francisco, Oakland, San Jose, and throughout Northern California. We are a plaintiff's firm — we file cases, we fight for workers, and we do not defend employers. Our office is at 2760 Mission Street in the Mission District, three minutes from 24th Street BART. We speak Spanish, and we know exactly how to build a wage theft case that results in maximum recovery for the worker.
If you are not being paid correctly, call today for a free consultation in Spanish or English. No cost, no obligation, regardless of immigration status.
How Overtime Works in California — The Exact Rules
California has the most protective overtime rules in the country. The calculation is not just weekly as under federal law — it is also daily. That means you may be entitled to overtime even if you did not work more than 40 hours in a given week.
A concrete example: if you work 10 hours in one day at $20 per hour, you are owed $160 for the first 8 hours plus $60 for the 2 overtime hours (at 1.5x = $30/hour). That is $220 — not the $200 many employers pay. Multiplied over 5 days a week for a year, the difference is substantial.
The Types of Wage Theft We See Every Week
Unpaid Overtime
The most common form. The employer records 8 hours even though the worker arrived 30 minutes early and left 45 minutes late. Or the employer simply does not pay overtime because "there's no budget." The employer's budget problems are not your legal problem — if you worked the hours, you are entitled to the pay.
Minimum Wage Violations
San Francisco's minimum wage is $18.67 per hour — higher than the California state minimum of $16.00 and far above the federal floor of $7.25. Any payment below that rate is illegal, even if you signed an agreement accepting less. Stealing tips, not paying training time, and shaving hours off time records are also minimum wage violations.
Meal and Rest Break Violations
For every 5 hours worked you have the right to a 30-minute uninterrupted meal break that your employer cannot interrupt. For every 4 hours worked you have the right to a 10-minute paid rest break. If those breaks are denied or interrupted, the employer owes you one additional hour of pay per violation — separately from whatever else you earn that day.
Worker Misclassification — "Independent Contractor"
One of the most expensive and most common forms of wage theft in California. Many employers label workers as "contractors" to avoid paying overtime, workers' compensation, and payroll taxes. California's AB5 law establishes the ABC test: if your employer sets your schedule, provides your tools, and controls how you do the work, you are an employee by law — regardless of what they call you. And if you are an employee by law, you are owed everything they failed to pay you retroactively.
The "Salaried Means No Overtime" Myth
This is the most costly misconception for workers. "Salaried" does not automatically mean exempt from overtime. In California, to be truly exempt you must earn at least $66,560 per year ($5,546.67 per month) AND spend more than 50% of your time performing genuine executive, administrative, or licensed professional functions. If you do not meet both criteria, you are entitled to overtime — even if your employer calls you a "manager" or "supervisor."
Waiting Time Penalties — Your Final Paycheck
If your employer did not deliver your final paycheck immediately upon termination (or within 72 hours if you resigned with notice), you are owed a penalty of up to 30 full days of wages. This single point alone can be worth $4,000 to $8,000 for a full-time worker — and most workers do not know this right exists.
Learn about your rights if your employer retaliates against you for claiming wages.
30+ years recovering stolen wages in San Francisco and the Bay Area. We represent employees — never employers. No fee unless we win.
1-888-442-2642 or request your free case evaluation hereSan Francisco's Additional Wage Protections
San Francisco has local labor laws that go beyond California state protections — and they apply to every employer in the city regardless of size.
How to Calculate What You Are Owed
Basic Calculation Guide
Real Cases in San Francisco & the Bay Area
These are real cases that have occurred in the Bay Area. If your situation is similar, call Arlo Uriarte for a free evaluation.
Five employees worked between 55 and 60 hours per week but were only paid for 40. No documented breaks, no overtime, with manipulated time records. The workers recovered $245,000 in total — an average of $49,000 per person.
Workers cleaned offices for 10 to 12 hours but reported only 8 out of fear of losing their jobs. The company pressured them saying it was the only way to keep working. The workers recovered $180,000 in total once they pursued their legal rights.
The housekeeping team worked through their meal breaks to handle urgent checkout rooms without additional pay. The hotel treated this as "part of the job." Each interrupted break generated a one-hour penalty. The worker recovered $85,000 in accumulated meal break penalties.
A contractor classified all of its workers as "independent contractors" to avoid paying overtime, workers' compensation, and payroll taxes. California's AB5 ABC test demonstrated they were employees. The workers recovered $320,000 in total — misclassification is one of the most expensive violations for employers.
A "salaried" manager worked 65 hours per week without overtime because the employer said salaried workers have no right to it. His annual salary was $52,000 — below California's exemption threshold. The worker recovered $75,000 in accumulated overtime.
* These cases are presented for informational purposes. Past outcomes do not guarantee future results. Each case is unique.
Arlo Uriarte — Employment Attorney — evaluates your case for free. No fee unless we win.
1-888-442-2642 or request your free case evaluationWage Theft by Industry in San Francisco
Restaurants — Mission District, North Beach, Castro, Chinatown
San Francisco's restaurants have the highest rate of wage violations of any industry in the city. Servers performing side work without extra pay. Cooks working 12-hour shifts recorded as 8. Managers stealing tips or creating illegal tip pools. Lunch rushes where breaks never happen. These patterns repeat in restaurants from North Beach near Washington Square Park to the Mission District along 24th Street.
Office Cleaning — Financial District, SoMa
Cleaning companies that service the skyscrapers of the Financial District and the tech offices of SoMa have some of the worst wage compliance records in California. Work done "off the clock" before and after shifts. No pay for travel time between buildings. Misclassification as contractors to avoid overtime. No overtime for shifts that routinely exceed 8 hours.
Construction — Mission Bay, Bayview, Transbay
At construction sites near Chase Center in Mission Bay, in Bayview-Hunters Point projects, and at the Transbay complex, wage theft takes specific forms: cash payments "under the table" without accurate hour records, widespread misclassification as contractors, no pay for tool preparation time, and seven-day workweeks without correct seventh-day overtime.
Hotels — Union Square, Fisherman's Wharf
At hotels around Union Square and Fisherman's Wharf, housekeeping staff work through meal breaks to handle urgent checkout rooms without additional pay. Front desk staff work split shifts without the required premium. Banquet service workers go unpaid for setup and breakdown time. Management illegally skims from tip pools.
Domestic Work and Elder Care — Pacific Heights, Marina
Domestic workers and caregivers in Pacific Heights and the Marina face some of the most serious wage violations because they frequently work in isolation. 24-hour shifts without correct overtime calculation for sleep time. Live-in workers not receiving minimum wage. No meal or rest breaks during long shifts. California's AB 241 provides specific wage and hour protections for domestic workers in the state.
Retaliation for Wage Claims — Your Legal Protection
One of the most common patterns: a worker asks about their overtime or claims unpaid wages, and the employer fires them, cuts their hours, or moves them to the worst shift. That is illegal retaliation — and it significantly increases the total value of the case.
The key protection: once you report wage theft in writing — by text, email, or formal complaint — any negative action the employer takes within 90 days is legally presumed to be retaliation. The employer must prove it was not — which is extremely difficult in practice.
When retaliation occurs, the case includes the original unpaid wages plus wrongful termination damages (frequently 2 to 5 years of lost wages), emotional distress damages, and attorney fees paid by the employer.
What to Do Now
Write down every day in a personal notebook or your phone: your start time, end time, and breaks taken or denied. Take photos of the time clock if possible. Keep this information on personal devices — not company equipment.
Forward pay stubs to your personal email. Save any text or email exchanges with your employer about pay, schedules, or breaks. Once you leave the job, you will lose access to company systems and that evidence may disappear permanently.
A text message to your manager asking why you were not paid overtime creates powerful evidence. An employer who responds "there's no budget" is admitting they know their legal obligation and are ignoring it. Save every response.
Before going to the Labor Commissioner or the DLSE, speak with an employment attorney. The strategy for where and how to file a wage claim affects the outcome. Our consultation is completely free. Call 1-888-442-2642.
California gives 3 years to claim most stolen wages, 4 years if there is a written agreement violated. But the earlier you act, the stronger the evidence and the higher the recovery. Call 1-888-442-2642 today.
What You Can Recover
- Unpaid regular wages — everything your employer should have paid
- Unpaid overtime — at 1.5x or 2x as applicable under California law
- Meal and rest break penalties — one additional hour of pay per violation
- Waiting time penalties — up to 30 days of wages if your final check was not timely
- Interest on amounts owed
- Attorney fees paid by the employer — in most successful California wage cases
What Workers Who Have Been in Similar Situations Say
"I worked 12-hour days and was only paid for 8. I thought that was just how restaurants worked. When I found out I could claim what was owed, the amount I recovered changed everything for my family."
— Cook, restaurant in the Mission District, San Francisco (name protected by confidentiality)
"They called me a 'manager' and said I had no right to overtime. My salary was $52,000. California law says that if you earn less than $66,560, that title means nothing — you have the right to overtime regardless."
— Store employee, Excelsior District, San Francisco (name protected)
Where We Serve
Our office is at 2760 Mission Street, Second Floor in the Mission District — three minutes from 24th Street Mission BART, near Dolores Park. We handle cases throughout San Francisco (Mission, SoMa, Financial District, North Beach, Chinatown, Castro, Bayview, Excelsior, Union Square), Oakland (Fruitvale — 53.8% Hispanic), Hayward (40.7% Latino), San Jose, Napa County (35.4% Latino), Sonoma County (28.9% Latino), Santa Rosa, Vallejo, San Mateo County, and all of Northern California.
Liberation Law Group — Workers' Rights Advocates · Fighting for Employees Since 2007 · Free Consultation in Spanish or English · No Fee Unless We Win.
1-888-442-2642 or request your free consultation onlineFrequently Asked Questions About Wage Theft in California
My employer says I am "salaried" and not entitled to overtime. Is that true?
Almost certainly not. In California, only a very narrow and specific group of workers is truly exempt from overtime. To qualify as exempt you must meet two requirements simultaneously: earn at least $66,560 per year ($5,546.67 per month) AND spend more than 50% of your time performing genuine executive, administrative, or licensed professional functions (attorney, physician, licensed engineer).
If your salary falls below that threshold — or if your actual day-to-day duties are operational rather than truly managerial — you are entitled to overtime pay regardless of your title or how your employer structures your compensation. The test is not what they call you; it is what you actually earn and what you actually do. Call 1-888-442-2642 for a free evaluation of your specific classification.
What if I am undocumented and my employer threatens to report me if I claim my wages?
Immigration threats in response to a wage claim are completely illegal — and they dramatically increase the value of your case. The California Supreme Court has confirmed repeatedly that the state's labor laws protect all workers regardless of immigration status. Your right to minimum wage, overtime, break pay, and protection against retaliation does not depend on having documentation.
If an employer threatens to "call immigration" because you claimed wages, that threat is evidence of illegal retaliation and can lead to significant punitive damages. In practice, this intimidation tactic makes the worker's legal case stronger — not weaker. Your information with us is protected by attorney-client privilege and is 100% confidential. Call 1-888-442-2642.
How long do I have to claim stolen wages in California?
Most Labor Code violations have a 3-year statute of limitations from the date of the last violation. If there is a written employment agreement that was violated, the deadline extends to 4 years. Some specific penalties have a 1-year window.
Even with a 3-year window, acting early consistently produces better outcomes. Time records get lost or destroyed. Pay stubs disappear. Witnesses change jobs. The evidence is strongest when the case is recent. Call 1-888-442-2642 as soon as you suspect you are not being paid correctly — the consultation is completely free.
How much money can I recover in a wage theft case?
California wage cases can include several components: unpaid regular wages, unpaid overtime at 1.5x or 2x as applicable, one additional hour of pay per meal or rest break violation, waiting time penalties of up to 30 full days of wages if your final paycheck was not timely, interest on amounts owed, and attorney fees paid by the employer in most successful wage cases.
In the Bay Area, straightforward unpaid overtime cases can be worth $5,000 to $50,000. Cases with multiple violations — overtime plus break penalties plus misclassification — can reach $100,000 to $300,000 or more per worker. When wage theft is combined with retaliation, total amounts are frequently higher still. Call 1-888-442-2642 for a specific, free evaluation of your situation.
My employer calls me an "independent contractor" but controls everything I do. What are my rights?
What you describe is worker misclassification — one of the most common and most expensive labor violations in California. Under AB5 and the ABC test it establishes, you are an employee if your employer: A) controls how you perform the work; B) the work you do is part of the employer's core business; or C) you do not have an independently established business in that field providing the same services to other customers.
If you are an employee by law, you are owed retroactively all unpaid overtime, all break violations, workers' compensation coverage, Social Security contributions, and any other employee benefits withheld. Bay Area misclassification cases frequently result in recoveries of $50,000 to $300,000 or more per worker. Call 1-888-442-2642 for a free evaluation of your classification.
Can my employer fire me for claiming my wages?
No — terminating you, cutting your hours, or worsening your working conditions because you claimed wages, filed an official complaint, spoke with an attorney, or cooperated with an investigation is illegal retaliation under California's Labor Code.
The legal protection is particularly strong: if you made a wage claim and your employer took any adverse action within 90 days, California law presumes it was retaliation. The employer must demonstrate it was not — which is very difficult in practice. When retaliation occurs you recover the original unpaid wages plus wrongful termination damages (frequently 2 to 5 years of lost income), emotional distress damages, and attorney fees paid by the employer. Call 1-888-442-2642 if this is happening to you.
What documents do I need for the free consultation?
Ideally: pay stubs from the last 3 to 6 months, a personal record of the hours you actually worked (even a handwritten notebook counts), information about meal and rest breaks you received or were denied, any text messages or emails exchanged with your employer about pay or schedules, and your final paycheck if you have already left the job.
But do not worry if you do not have all of this. We can move forward with significantly less. The absolute minimum we need to start the evaluation is: your full name, approximate employment dates, your employer's name, and your best estimate of the hours you worked per week. The rest can be built through the legal process if necessary. Call 1-888-442-2642 — the consultation is completely free.
Does San Francisco have wage protections beyond California state law?
Yes — San Francisco has some of the strongest local labor protections in the country, and they apply to every employer in the city without exception. The minimum wage of $18.67 per hour is significantly higher than the California state minimum of $16.00. The Fair Workweek Ordinance gives many workers the right to predictable schedules and additional "predictability pay" when employers change schedules with insufficient notice.
The city mandates at least 72 hours of annual paid sick leave for all workers including part-time and temporary employees. The Healthcare Security Ordinance requires employers with 20 or more employees to contribute to worker healthcare — $5.34 per hour for companies without insurance coverage, $2.67 per hour for partial coverage. If your employer has not been complying with these local obligations, those amounts can be added to what you recover. Call 1-888-442-2642 for a complete evaluation of your rights under San Francisco's local laws.
Related pages: Wage and Hour · Minimum Wage · Workplace Retaliation · Wrongful Termination · Workplace Discrimination · Employment Rights in San Francisco
