Orange County Unpaid Wages Lawyer

Have you faced wage and hour violations such as unpaid overtime, misclassification, minimum wage infractions, or denied breaks in Orange County? Elite Employment Law protects the rights of employees and is here to help you recover the wages and penalties you are owed.

Our skilled Orange County employment law attorneys are ready to fight for you and explore all available legal options. Contact Elite Employment Law today to schedule a free consultation to discuss your case.

Meet Attorney Samuel P. Nielson

Founder & Lead Attorney

Samuel P. Nielson is the Founder and Lead Attorney of Elite Employment Law APC, where he is dedicated to protecting the rights of employees across Southern California. With over a decade of experience, Sam has built a reputation for fierce advocacy and trusted legal counsel in employment law. He represents a wide range of clients—from corporate executives to hourly workers—in all stages of employment disputes, including pre-litigation negotiations, administrative hearings, litigation, and trial.

Sam focuses exclusively on employment law and has successfully handled cases involving age discrimination, disability discrimination, pregnancy discrimination, religious discrimination, sexual harassment, general workplace harassment, unpaid wages, unpaid overtime, wage disputes, whistleblower retaliation, and wrongful termination.

Everyone deserves to feel safe, respected, and valued in their workplace. Unfortunately, many employees in California still face serious challenges such as harassment, discrimination, retaliation, and wrongful termination—issues that violate both federal and state labor laws. At Elite Employment Law, we exclusively represent employees and have a success rate surpassing 97 percent. We understand what it takes to achieve justice and are here to help. Contact us today to schedule a free and confidential consultation.

Contact an Orange County Employment Attorneys Today

If you’re facing issues at work—whether it’s harassment, retaliation, wage disputes, wrongful termination, or any other employment law concern—Elite Employment Law is here to help. We’re committed to protecting your rights and fighting for the fair treatment and compensation you deserve. Every employee has the right to a safe, respectful, and lawful workplace. Let us put our experience and dedication to work for you. Contact Elite Employment Law today for a free, confidential consultation and take the first step toward justice.

Why Choose Our Orange County Unpaid Wages Attorneys?

Navigating wage and hour disputes can be complex and intimidating for most employees. Without experienced legal guidance, you may be at a disadvantage or risk an unsuccessful claim.

At Elite Employment Law, we believe every Orange County employee deserves strong legal support when facing workplace injustices. Our employment attorneys are committed to pursuing justice for each of our clients.

As a dedicated worker, you deserve fair and timely compensation, and our team at Elite Employment Law can help you navigate the claim filing process and represent your interests throughout.

Our extensive experience in negotiation, litigation, and conflict resolution gives us a distinct advantage both in and out of the courtroom. If you are considering filing a wage and hour dispute in Orange County, contact us today for a free consultation.

Do not allow wage and hour violations to go unchallenged. Let Elite Employment Law help protect your rights and recover the compensation you have earned.

Understanding Wage and Hour Violations in California

As an employee in Orange County, you invest significant time and energy into your job and deserve to be paid fairly for your work. Wage and hour violations occur when an employer fails to compensate their workers correctly.

These violations can take many forms, including failure to pay minimum wage, refusal to pay overtime, misclassification of employees, or forcing employees to work through breaks without compensation.

Minimum Wage Violations

As of 2024, California’s minimum wage is $16.00 per hour for all employers, regardless of size. Some cities in Orange County may have higher minimum wages. It’s illegal for your employer to pay less than the mandated minimum wage.

Unpaid Overtime

California employers must pay overtime at 1.5 times the regular pay rate for work exceeding 8 hours in a day, 40 hours in a week, or for the first 8 hours on the 7th consecutive workday. Double overtime (2 times the regular rate) applies for work beyond 12 hours in a day or 8 hours on the 7th consecutive workday.

Employee Misclassification

Some employers misclassify employees as exempt or independent contractors to avoid paying overtime or providing benefits. Misclassification, whether intentional or not, can lead to significant wage and hour violations.

Meal and Rest Break Violations

California law mandates specific breaks for employees:

A 10-minute paid rest break for every 4 hours worked
A 30-minute unpaid meal break for shifts over 5 hours
A second 30-minute unpaid meal break for shifts over 10 hours

Unpaid Wages and Vacation Time

Employers cannot force employees to work “off the clock” or without pay. Additionally, earned vacation time is considered part of an employee’s compensation and cannot be subject to a “use it or lose it” policy.

Failure to Pay Commissions and Promised Bonuses

In California, commissions are considered earned wages and cannot be withheld. Similarly, failing to pay promised bonuses outlined in an employment contract can constitute a wage violation.

How Does Misclassification of Employees Affect Unpaid Overtime Eligibility in Orange County?

California employees are classified as either exempt or non-exempt. Exempt employees are generally salaried and not entitled to overtime, while non-exempt employees must receive overtime pay when they work beyond the standard hourly limits.

To qualify as an exempt employee under California law, workers must:

Earn a salary that is at least twice the state minimum wage for full-time work
Perform job duties that fall under executive, administrative, or professional exemptions
Exercise independent judgment and discretion in their role

If an employer wrongly classifies an employee as exempt or as an independent contractor, the employee may recover unpaid overtime wages. The California Labor Commissioner’s Office and the courts scrutinize job duties and work conditions rather than just job titles to determine proper classification.

Misclassified employees who work over eight hours a day or 40 hours a week without receiving overtime pay can file a claim to recover back wages, penalties, and other damages. If you suspect misclassification, consulting our experienced Orange County unpaid wages lawyer can help determine if you qualify for unpaid overtime compensation.

What Steps Should Employees Take to File an Unpaid Overtime Claim in Orange County?

If your employer fails to pay you for overtime hours worked, you can take legal action. Here are the steps to file an unpaid overtime claim in Orange County:

Gather evidence: Document your work hours, pay stubs, and any communications with your employer regarding overtime. Timecards, schedules, and emails can serve as critical evidence.

Calculate unpaid wages: Determine how much overtime you are owed by reviewing your pay rate and hours worked. Under California law, you are entitled to 1.5 times your regular pay rate for hours worked beyond 8 hours in a day or 40 hours in a week or double pay for work exceeding 12 hours in a day or 8 hours on the seventh consecutive workday.

File a complaint with the California Labor Commissioner: Employees can submit a claim through the Division of Labor Standards Enforcement (DLSE). The DLSE investigates wage disputes and may arrange a settlement or hearing.

Consider legal action: If filing with the DLSE does not resolve the issue, you may pursue a lawsuit against your employer to recover unpaid overtime, penalties, and legal fees.

Consult an employment lawyer: Our experienced Orange County unpaid wages attorney can evaluate your claim, guide you through the filing process, and represent you in negotiations or litigation.

Employers cannot retaliate against employees for asserting their wage rights. If you experience retaliation, such as termination or demotion, you may have an additional claim for damages.

What Types of Recoverable Damages Can You Receive for Wage Theft in Orange County?

If you have experienced wage and hour violations in California, you may be entitled to various forms of compensation:

The full amount of unpaid wages owed to you
Interest on the unpaid wages
Attorney’s Fees
Civil Penalties
Meal and Rest Break Penalties
Waiting Time Penalties if your final paycheck is late or incomplete

How Elite Employment Law Can Assist with Your Unpaid Wages Dispute

At Elite Employment Law, we are dedicated to leveling the playing field for employees who have been treated unfairly. You have protection against retaliation under federal and California state law, and there are multiple avenues available to recover your unpaid wages and penalties for illegal labor practices.

Our Orange County employment attorneys have extensive experience gained from years of practice in employment litigation. We work on a contingency fee basis, meaning you pay nothing out-of-pocket to secure the legal representation you deserve.

How Long Do I Have to File an Unpaid Overtime Claim?

California law places strict deadlines on unpaid wage claims. The statute of limitations for unpaid overtime claims depends on the circumstances of your case:

Three years from the wage violation date if you are claiming unpaid overtime under California law
Four years if the claim involves a breach of contract for unpaid wages
Two years if the employer’s violation was unintentional under federal law
Three years if the employer willfully violated overtime laws under federal law

Filing within these deadlines is crucial. If you miss the statute of limitations, you may lose the right to recover unpaid wages. Since wage violations often involve complex legal issues, speaking with our experienced employment lawyer at Elite Employment Law as soon as possible can help ensure you file your claim correctly and on time.

Case Results

Workplace Retaliation Case

$2.95 Million Settlement – Confidential settlement for a manager fired for objecting to race discrimination the manager faced from co-workers.

Unpaid Overtime Case

$1.6 Million Settlement – Confidential settlement for a sales manager deprived of earned commissions and overtime wages.

Sexual Discrimination Case

$750,000 Settlement- Confidential settlement for a vice president subject to sex discrimination, including hundreds of thousands in unpaid bonuses paid to male peers.

Testimonials

“If you’re in need of an Employment Lawyer, I highly encourage you to at least speak with the team at Elite Employment Law and see what they can do to help you!”

“Sam and the entire team at Elite Employment Law are fantastic. I recently had a need for guidance and support in an employment-related case and spoke with several different firms and attorneys before deciding to work with Sam. His firm has a great set of support staff to help with intake and onboarding, making the process very smooth. For Sam’s part, he maintained active communication as the case progressed, and promptly replied to all my questions throughout.”

-Zachary C.

“Sam Nielson handled my wrongful termination and defamation claims with a skill and expertise that went beyond just the basics of law. He was excellent at coaching me through the process and managing my expectations every step of the way. None of this was fun, but I am very glad Sam was there to be my guide.”

-Bill B.

“Working with Elite Employment Law was a seamless experience. Their team was professional, efficient, and made the entire process simple. They kept me informed every step of the way and delivered outstanding results. I couldn’t be happier with the outcome and highly recommend their services!!”

-Adam B.

Areas Our Orange County Employment Lawyers Serve

We proudly serve the following neighborhoods in Orange County, CA:

Schedule Your Free Consultation Today

You do not have to face a wage and hour claim alone. Call Elite Employment Law today to schedule a free case review with a compassionate and experienced employment lawyer.

We will listen to your story, evaluate your case, and advise you of your legal options. Take the first step toward recovering the unpaid wages you are owed by contacting Elite Employment Law today.