Goldberg & Loren Personal Injury
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888-352-9243

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Goldberg & Loren Personal Injury
100% FREE CONSULTATION

888-352-9243

Open 24/7 - 365

Top Rated Bakersfield Wage and Hour Attorneys

Bakersfield Wage and Hour Lawyer

Find out why we are one of the best wage and hour law firms in Bakersfield, CA

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Bakersfield Wage and Hour Attorney

A wage and hour dispute not only denies your rightful pay, but it can also have an impact on every area of your life. Our Bakersfield wage and hour lawyers are here for you.

If your employer is refusing your rightful pay, then Goldberg & Loren will fight for you. For 30+ years, we have represented clients like you in these cases.

We will help you get your rightful pay. Our employment law firm is open now, so let us begin today. Call us at (661) 669-8224 anytime, 24/7. Book a free consultation today with our Bakersfield wage and hour attorneys.

The average annual mean wage for workers in Bakersfield is around $60,160, with an hourly median wage of $21.61. [1]

Goldberg & Loren Fights for Maximum Compensation

George Z. Goldberg
James M. Loren
Employment Attorney Zac Stoltz
George Goldberg

James Loren

Zac Stoltz

Martindale Distinguished 2025
Client Champion Award Gold 2025

Pay Nothing, Unless You Win

Martindale Distinguished 2025
Client Champion Award Gold 2025

Our Verdicts and Settlements

$95,000
Settlement

A retaliation case involving an employee who was fired after reporting an unsafe workplace. Also, collecting on meal and rest break violations.

February 2025

What Are Wage and Hour Disputes?

A wage and hour dispute arises when an employee is being paid less than minimum wage, is being paid unfairly for their hours, or has unpaid commissions/overtime wages. This includes various types of wage and hour violations, including denial of rest and meal breaks, as well as withholding of paychecks.

In some cases, these disputes arise because the employee does not get enough hours due to retaliation by an employer or is not paid fairly for the hours they work.

California law provides for employee rights such as timely payment, meal/rest breaks, and other hour and wage rights for workers.

If your employer fails to follow the California labor laws, then you have the right to take legal action against them.

Image of a wallet with 100-dollar bills, a calculator, and a clock.

Important California Wage and Hour Laws

Your wage and hour rights are protected by various laws in the State of California. Understanding these laws is important, as it can help you understand whether or not your employer is committing any violations of your rights.

The most important wage and hour laws are as follows:

Minimum Wage: The labor code regulates minimum wage for employees. While specific industries have specific rules, these laws apply to all employers statewide. As of January 1, 2025, the minimum wage must be $16.50 per hour for each employee.

Meal and Rest Breaks: Employees who work 5 hours or more are entitled to a 30-minute meal break and a 10-minute rest break for every 4 hours they work. These are unpaid and uninterrupted breaks. California Labor Code Sections 512 and 226.7

Overtime Pay: All non-exempt employees are entitled to overtime compensation if they work more than 8 hours per day, or 40 hours per week. This means they should get 1.5 times the regular wage that they receive for every hour worked over time. California Labor Code Section 510

Payday Requirements: Employers are required by law to establish and post a pay schedule. The wages earned between the 1st and 15th of the month should be paid by the 26th. Meanwhile, wages earned between the 16th and the end of the month must be paid before the 10th of the next month. California Labor Code Section 204

Wage Order: California regulates specific wage regulations for specific industries. This is done through the Wage Order, which covers wages, hours, and working conditions for industries like housekeeping. Wage Order 5-2001

Common Types of Wage and Hour Disputes in Bakersfield

The most common types of wage and hour disputes include the following:

Misclassification: In this violation, an employer will incorrectly classify an employee as an independent contractor. This will deny workers overtime pay, wage protections, and other benefits.

Minimum Wage Violations: These cases arise from violations where employers fail to meet the minimum standard wages. In 2025, if an employer pays $16 or less, it can be considered a violation of California’s minimum wage laws.

Off-the-Clock Work: If an employee is working more than 8 hours a day or more than 40 hours a week, it entitles them to overtime. However, employers can violate this right by making employees work before clocking in and after clocking out, without any additional pay.

Overtime Pay Disputes: Any employee who works overtime is entitled to 1.5 times the hourly rate for every hour they work. If an employer refuses to pay this amount or pays less than what is owed, they can be subject to an overtime pay legal dispute.

Meal and Rest Break Violations: Meal and rest breaks are unpaid, and they should be uninterrupted. Employers can violate this basic right by interrupting said meal breaks, cutting them short, or making employees work through them without pay.

Withholding Pay: Employers that withhold or refuse to pay on time violate the basic rights of their workers. California payday requirements require employers to pay on time, and refusing to do so is a violation of said laws.

Wage Theft: Wage theft is one of the worst types of violations, where an employer alters time records or inflicts unlawful deductions on their employees.

If you have any of these concerns, then you may be entitled to take legal action. The process can be challenging, but do not worry, as our Bakersfield wage and hour lawyers will help you through it.

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What if My Employer Refuses to Pay My Commissions?

Labor laws require employers to pay any commissions on jobs that promise incentives or benefits, based on sales or other factors. If you fulfill your promise of a sale, then you are entitled to the commission. If your employer does not pay the commission, it is a violation of your rights.

You have the right to pursue legal action for your unpaid commissions, and we can help you with that. For over three decades, our wage and hour lawyers have fought for clients like you and recovered unpaid commissions and wages.

Does Having Exempt or Non-exempt Employee Status Impact Wages?

Yes, your employment status plays a key role in determining whether or not you are entitled to certain wage or hour rights. In many cases, employers deliberately misclassify their workers to prevent them from seeking legal action.

That being said, the key differences between exempt and non-exempt employees are as follows:

Exempt Employees:

  • Flexible schedules and hours
  • FLSA rules do not cover minimum wage and overtime rules for exempt workers
  • Get a fixed salary
  • Requires executive, administrative, professional, or specialized duties
  • Salary or fee-based employment with no eligibility for overtime pay

Non-Exempt Employees:

  • Entitled to overtime pay of 1.5 times the hourly rate for hours over 40 per week
  • Fixed schedule with time-tracking being a necessary requirement
  • FLSA protects minimum wage and overtime provisions
  • Paid hourly and eligible for overtime pay
  • Paid by the hour and must meet minimum wage

If your rights as a full-time employee are being denied due to misclassification, then you can take legal action accordingly. In this case, our wage and hour attorneys will fight to get you classified correctly and earn the rightful pay that you deserve.

Table of Contents

Bakersfield Practice Areas

Does My Wage and Hour Dispute in Bakersfield Qualify as Wage Theft?

If your wages are being denied with the use of specific tactics, then it may count as wage theft.

In some cases, employers may use sly strategies to con their employees out of rightful wages. This can include reducing hours on purpose, misclassification, denying breaks, etc.

In 2024, the California Labor Commissioner’s office reached a $1.7 million settlement in a wage theft claim in Kern County. [2]

You may have a wage theft claim if you are suffering through the following:  

  • The employer is denying you meal and rest breaks
  • The employer is not paying overtime wages or commissions
  • You are getting less than the minimum acceptable wage under California laws
  • Not getting any sick leave payments
  • You have unexplained and illegal deductions from paychecks
  • You are misclassified as a contractor, despite being a full-time worker
  • You are not being paid your tips and gratuities

These are some of the instances where a case may qualify as theft of wages. Analyzing your case can help our wage and hour lawyers determine the eligibility of your claim. Once we do that, we can start getting you the rightful wages that you deserve.

Am I Eligible To Recover Money Owed In My Wage and Hour Claims?

Yes, you may get the money owed to you from your wage and hour claim. If you have unpaid dues or if your employee has knowingly reduced your hours, then you might be entitled to varying types of compensation for your losses.

The money owed to you that we will help you recover may include:

  • All unpaid wages (e.g., unpaid overtime)
  • Attorney’s fees and court costs
  • Interest on unpaid wages
  • Liquidated damages (up to double the unpaid wages if willful violation)
  • Possible penalties for the employer

We know the importance of fair compensation in cases like this. That is why our wage and hour attorneys fight hard to get maximum awards for you.

Do You Have A Wage & Hour Complaint Retaliation Claim?

When an employee complains regarding wage and hour disputes, the employer can retaliate against them. This is common in cases where an employer has used devious and intentional tactics to deny wages or rightful hours to an employee.

If your employee has retaliated against you, then you might have a case if the following happened:

  • The employer created a hostile work environment for you
  • Got demoted without explanation or performance deterioration
  • Your work hours were reduced, and you were denied any overtime
  • Your employer wrongfully terminated you after the legal action

In this case, you may have a retaliation claim. In the wake of such incidents, you can pursue legal action for retaliation, and our Bakersfield wage and hour lawyers will be there to help you.

What To Do if You Have A Wage and Hour Dispute?

If you are facing hour and wage concerns at work, we encourage you to document as much as you can.

Actions to take if you think you have a wage and hour dispute may include:

1. Report the Concern to Employer: The first thing you should do is allow your employer to correct the problem. Be it unpaid wages, reduced hours, etc. Ask them to provide an explanation or rectify the error made on their end.

2. Document the Response: If they respond positively, then you should continue working. If not, you should document their response. You should seek a written explanation of denied payments or reduced hours.

3. Document the Impact: Begin documenting the impact of lost or unpaid wages and reduced hours on your life. This can mention your difficulty with paying bills, affording medical supplies, food, etc.

4. Gather Evidence: Gather evidence of your performance, time sheets, work schedules, etc. Also, gather any evidence that backs up your claim of lost or unpaid wages, such as pay stubs and time tracking sheets.

5. Consult Our Wage and Hour Law Firm: Consult our Kern County wage and hour attorneys as soon as you can. We will help you take legal action for your rights and get compensation for your losses.

Statute of Limitations for Wage and Hour Disputes in California

The Statutes of Limitations are the legal time limit to file a claim after a violation or dispute. Most hour and wage lawsuits fall under breach/violations of contract. In this case, if you had a written contract, you can file a claim within four years from the day of the violation in California. CCP § 337

If you had no written contract and only a verbal agreement, then you can file a claim within two years from the day of the violation. CCP § 339

If your hours and wages are being reduced due to discriminatory reasons, then the violation may fall under the Fair Employment and Housing Act. In this case, you can file for a discriminatory legal claim within three years from the day of the violation. FEHA/Cal. Gov. Code § 12900

Get A FREE Consultation From Our Bakersfield Wage and Hour Lawyers

If you are facing wage and hour disputes at work, then you have the right to pursue legal action. You are not alone. Our local Bakersfield wage and hour attorneys are here to help you through this.

Here is what our employment lawyers will do for you:

  • Analyze your hour and wage dispute
  • Comprehensive investigation to gather key evidence
  • Communicate with the labor commission and the employer on your behalf
  • File a claim on your behalf and push for legal action
  • Negotiate for fair hours and wages for yourself
  • Provide support to you throughout the case
  • Take the case to court if a favorable resolution is not reached
  • Take no pay until the case is won

We are here and ready to discuss more details. You can choose from in-person meetings or online appointments. Call us at (661) 669-8224 now and book a free consultation with our Bakersfield wage and hour lawyers.

Goldberg & Loren

1701 Westwind Dr, Bakersfield, CA 93301
(661) 669-8224

FAQs

Start by documenting your key documents, especially the ones that verify your hours worked, hourly wages, etc. After that, gather the evidence needed for your case, and consult with a wage and hour attorney as soon as you can.  

Start by gathering your work hour documentation, including how many hours you worked regularly, overtime hours, missed meal or rest breaks, etc. Keep copies of pay stubs, timesheets, and any communication with your employer as well.

The most important information that your wage and hour lawyer will require includes work schedule, hourly wages, job duties, and pay practices. If you have any key evidence, provide it as well. This includes any witness statements and communication with the employer.

Your employment attorney will file a claim with the California Labor Commissioner’s Office. Their deputy will investigate your claim and review the evidence. This will lead to a conference/negotiation between you and your employer, where your attorney will negotiate on your behalf.

An experienced wage and hour lawyer will evaluate your claim and guide you on organizing the evidence properly. They will also guide you on how to document your case properly. From there, they will file a claim on your behalf and negotiate to get unpaid wages for you.

Sources:

[1] Metropolitan and Nonmetropolitan Area Occupational Employment and Wage Estimates. (2023). U.S. Bureau of Labor Statistics. https://www.bls.gov/oes/2023/may/oes_12540.htm

[2] Cal/OSHA, & California, S. O. (n.d.). California Labor Commissioner’s Office reaches $1.7 million settlement in Wingstop wage theft case  | California Department of Industrial Relations. https://www.dir.ca.gov/DIRNews/2024/2024-73.html

George Goldberg

Have you been wrongfully terminated in Bakersfield? Get in touch with our top-rated employment lawyers. We'll work to get you the justice you rightfully deserve.

George Goldberg
Senior Partner

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