Unpaid Wages Lawyer in Torrance: Stop Wage Theft Today
By Managing Attorney - David Mallen
You’ve worked hard, showed up on time, and did everything right, but your paycheck doesn’t seem correct. Maybe your overtime pay is missing, your hours were cut short, or your employer said you are not eligible for extra pay. This is more than just unfair; it is wage theft, and it happens to many workers every day.
Wage theft occurs when employers fail to pay what the law requires, such as unpaid overtime, missed breaks, or wages below minimum wage. The good news is that California laws strongly protect employees. The Employee Law Group in Torrance is dedicated to helping workers recover the pay they have earned and hold employers accountable.
In this article, you will learn what wage theft looks like, how to recognize it, and how an unpaid wages lawyer can help you take action and get the compensation you deserve.
What Wage Theft Really Means in California
Wage theft isn’t just an accounting error. It’s the failure to pay an employee the wages they’re legally owed under federal and state law. The Fair Labor Standards Act (FLSA) and California’s Labor Code both require employers to pay minimum wage, provide overtime pay, and keep accurate records of hours worked.
Common Industries Affected in Torrance
Wage theft can hit any workplace, but it’s especially common among low-wage workers in restaurants, retail, janitorial services, construction, and caregiving. These jobs often rely on hourly schedules, cash payments, or flexible time; conditions where dishonest employers can easily cut corners.
Legal Protection Under State Labor Laws
In California, the Labor Commissioner’s Office (part of the Department of Industrial Relations) enforces wage and hour laws. If an employer doesn’t follow these rules, workers can file a wage claim through the DLSE or pursue a civil case with a Torrance employment lawyer.
Wage theft laws in California cover:
- Minimum wage and overtime violations
- Denied meal and rest breaks
- Misclassification of employees
- Illegal deductions or withheld tips
When an employer breaks these laws, it’s not just a policy issue; it’s a form of theft.
Common Forms of Unpaid Wages
Let’s look at the most frequent ways employers commit wage theft and how each impacts your paycheck.
| Form of Wage Theft | What It Looks Like | What the Law Says |
|---|---|---|
| Unpaid Overtime | Not receiving 1.5x pay for hours beyond 8 per day or 40 per week | Required under FLSA and California Labor Code §510 |
| Missed Meal/Rest Breaks | Being told to “work through lunch” or skip breaks | Employer must pay 1 additional hour per missed break |
| Minimum Wage Violations | Paid less than California’s $16/hour or Torrance’s higher local rate | Violates Labor Code §1182.12 |
| Illegal Deductions | Employer subtracts for uniforms, losses, or broken items | Only lawful if authorized in writing and for employee’s benefit |
| Misclassification | Labeled “independent contractor” despite being managed like an employee | Violates Labor Code §2775 (ABC Test) |
Unpaid Overtime and Double Time
California has some of the strictest overtime laws in the nation. You must be paid 1.5x your regular rate after 8 hours a day or 40 a week, and 2x pay after 12 hours in one day. Employers who underpay or mislabel employees as salaried often violate these wage and hour laws; especially in smaller businesses where recordkeeping is loose.
Missed Meal and Rest Breaks
If you work more than 5 hours, you’re entitled to a 30-minute meal break. Work more than 10 hours, and you get two. For every 4 hours, you’re owed a 10-minute rest break. When employers deny or interrupt these breaks, that’s a wage violation. According to the DLSE, you’re entitled to one extra hour of pay for each missed or interrupted break.
Minimum Wage Violations and Underpayment
In Torrance, the minimum wage is currently higher than the federal rate. If you’re being paid less than the minimum wage, or working off the clock to “finish tasks,” your employer is committing wage theft. Paying under the table or delaying paychecks also falls under this category.
Illegal Deductions and Tip Misuse
Deductions for uniforms, cash shortages, or damages are rarely lawful. Tips belong entirely to workers, and management cannot keep or redistribute them unfairly. Even a small, recurring deduction can lead to thousands in stolen wages over time.
Misclassification of Workers
Many employers misclassify workers as independent contractors to avoid paying taxes and benefits. The ABC Test in California makes it clear; if your job is controlled by the company and part of its regular business, you’re likely an employee, not a contractor. Misclassification robs you of overtime, unemployment insurance, and paid sick leave.
How to Recognize Wage Theft Before It Gets Worse
Wage theft can be sneaky. You might think a few missing hours or “clerical errors” aren’t worth fighting over, but they often point to a bigger issue.
Look out for these signs:
- Your pay stub doesn’t list hours worked or hourly rate
- You’re asked to work off the clock
- You’re told you’re “not eligible” for overtime pay
- You’re pressured not to report overtime hours
- You’re labeled a “contractor” but treated like a full employee
If you notice any of these, document everything; screenshots, texts, timecards, and witness names. The Department of Labor and Industry and California’s Labor Commissioner both encourage employees to keep their own records for wage recovery purposes.
Your Rights Under California Labor Laws
You have the right to be paid fairly and on time. Under California Labor Code sections 200–558, employers must:
- Pay employees twice a month
- Provide detailed wage statements
- Pay overtime and minimum wage
- Maintain accurate time records
If your employer doesn’t pay properly, you can report it to the Labor Commissioner’s Office or seek legal help. Retaliation is illegal, meaning you can’t be fired or punished for reporting unpaid wages.
The statute of limitations for wage claims is typically three years for unpaid wages, but can extend to four years for written contracts.
How to File a Wage Claim in California
The DLSE (Division of Labor Standards Enforcement) outlines a clear process for workers to recover back wages and penalties.
- Gather Evidence: Collect pay stubs, timesheets, and written communications.
- Complete Form DLSE-1: This initiates your official wage claim.
- Attend a Conference: A settlement meeting may be scheduled to resolve the dispute.
- Proceed to Hearing: If unresolved, a formal hearing determines what’s owed.
- Judgment and Enforcement: Once a decision is issued, your employer must pay or face further legal action.
If your employer ignores the ruling or continues to violate labor laws, a Torrance wage and hour attorney can escalate your claim to civil court for a stronger outcome.
7. Why Hiring an Unpaid Wages Lawyer Matters
A qualified employment lawyer doesn’t just file forms; they investigate, calculate, and fight for every dollar you’re owed.
Here’s how Employee Law Group helps:
- Identify all forms of wage theft in your case
- Calculate exact damages, including waiting time penalties
- Represent you in hearings or court
- Ensure all wage claim deadlines are met
- Protect you from retaliation
Our Torrance lawyers use modern tools to analyze payroll data, detect underpayment patterns, and prove violations. We’ve represented current and former employees across California, helping recover millions in back wages through both DLSE claims and civil lawsuits.
Why Choose Employee Law Group in Torrance
At Employee Law Group, we understand how stressful unpaid wages can be. You depend on that income to support your family and build your future. We take every wage theft case seriously because we know the real cost it has on your life.
Our firm’s approach combines:
- Experienced employment lawyers with years of wage and hour litigation experience
- AI-driven case tools to detect underpayment patterns faster
- Client-first communication so you’re always informed about your claim
We’ve helped hundreds of workers in Torrance and beyond fight back against unfair employers. Whether you’re owed overtime pay, unpaid bonuses, or withheld tips, we’ll help you recover what’s rightfully yours.
Preventing Future Wage Theft
Once you’ve resolved your claim, you can protect yourself from future wage violations.
- Keep copies of all pay records for at least 3 years.
- Track your own hours independently.
- Ask HR to confirm your employment classification in writing.
- Speak up early if something feels off.
Wage theft happens when employers think no one will challenge them. The more you know your rights, the harder it becomes for anyone to underpay or misclassify you.
FAQs: Understanding Wage Theft and Your Rights
1. What is the most common form of wage theft?
The most common form of wage theft is unpaid overtime. Many employers misclassify workers as “exempt” or make them work off the clock to avoid paying extra hours. This violates both federal and California labor laws, which require overtime pay for most employees who work more than 8 hours a day or 40 hours a week.
2. Does the IRS investigate wage theft?
No, the IRS does not directly investigate wage theft. Wage theft cases are usually handled by the U.S. Department of Labor (DOL) or the California Labor Commissioner’s Office. However, if an employer falsifies tax records or fails to report wages properly, the IRS may get involved for tax-related violations.
3. What is the maximum penalty for wage theft?
In California, employers guilty of wage theft can face penalties of up to $10,000 per violation, plus payment of all unpaid wages, interest, and additional damages. In serious or repeat cases, wage theft can even be prosecuted as a criminal offense, leading to fines or jail time.
4. Can an employer sue you for time theft?
Yes, an employer can sue or terminate an employee for time theft if there is clear evidence of falsified time records or fraudulent behavior. However, employers must prove intentional wrongdoing. Simple timekeeping mistakes or misunderstandings should not be treated as theft.
5. Is withholding a bonus wage theft?
Yes, withholding a promised or earned bonus can be considered wage theft. In California, once a bonus is agreed upon and the employee meets the conditions to earn it, the employer must pay it. Failing to do so can lead to legal claims for unpaid wages and penalties.
Conclusion: Take Action and Stop Wage Theft Today
You’ve earned your wages; every single hour of them. No employer has the right to withhold or steal your pay. Whether you work in an office, restaurant, warehouse, or clinic, you deserve to be paid fairly.
If you believe you’ve experienced wage theft, don’t wait. Contact Employee Law Group in Torrance, CA, for a free consultation. Our team will listen, review your pay records, and guide you through every step toward justice.
Take the first step: Schedule your free case review. Let’s make sure your hard work truly pays off.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. For specific questions about your case, please contact one of our licensed California employment attorneys.
Managing Attorney - David Mallen
David Mallen is the managing attorney at Employee Law Group in Torrance, California, and a respected labor and employment lawyer who has represented thousands of workers since beginning his practice in 1992. He has been recognized as a Southern California Super Lawyer every year from 2004 to the present.
