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How to Find a Lawyer for Wage Theft in California

  • Writer: Haulk & Herrera LLP
    Haulk & Herrera LLP
  • Aug 15
  • 3 min read
Gavel on legal documents. Person in suit writing at a desk, blurred background, bright light. Formal and focused mood.

Understanding Wage Theft in California

Wage theft occurs when an employer fails to pay an employee the wages they are legally owed. This can take many forms, including:

  • Not paying minimum wage or overtime

  • Denying legally required meal and rest breaks

  • Misclassifying employees as independent contractors to avoid benefits

  • Forcing employees to work “off the clock”

  • Withholding tips or commissions


In California, wage theft is not just unfair — it’s illegal. The state has some of the strongest worker protection laws in the country, and employees have the right to recover unpaid wages, penalties, and in some cases, attorney’s fees.


How to Find a Lawyer for Wage Theft in California

When looking for the right attorney to handle a wage theft claim, consider the following steps:


1. Look for a Lawyer Who Specializes in Employment Law

Not all attorneys focus on workplace rights. Choose a lawyer with specific experience in wage and hour laws under the California Labor Code and the Fair Labor Standards Act (FLSA).


2. Check Their Track Record

Review the attorney’s past cases, client testimonials, and case results to see if they have successfully handled claims similar to yours.


3. Ask About a Free Consultation

Many employment lawyers, including Haulk & Herrera LLP, offer a free initial consultation to review your situation and explain your options.


4. Evaluate Communication Style

Wage theft cases can take time. You want a lawyer who explains the process clearly, keeps you updated, and answers your questions promptly.


5. Understand the Fee Structure

Many wage theft cases are handled on a contingency basis — meaning you don’t pay unless the attorney wins your case.


Legal Options for Wage Theft in San Francisco and California

Employees in California have several paths to recover unpaid wages:


1. Filing a Wage Claim with the California Labor Commissioner

You can file a claim directly with the Labor Commissioner’s Office (Division of Labor Standards Enforcement). They will investigate, hold a hearing, and issue an order for payment if your claim is valid.


2. Filing a Lawsuit in Court

With the help of an employment lawyer, you can file a civil lawsuit against your employer to recover unpaid wages, penalties, and possibly attorney’s fees. This is often a good option for larger claims or when an employer’s conduct is willful.


3. Class Action or PAGA Representative Action

If other employees are experiencing the same wage violations, you may join or start a class action lawsuit. You may also file a claim under the Private Attorneys General Act (PAGA), which allows employees to sue on behalf of themselves and other workers for Labor Code violations.


4. Retaliation Protections

California law prohibits employers from retaliating against workers for asserting their wage rights. If you experience termination, demotion, or harassment after filing a wage claim, you may have an additional retaliation claim.


Why Choose Haulk & Herrera LLP for Your Wage Theft Case

At Haulk & Herrera LLP, our attorneys, Jose Herrera and Matthew Haulk, have extensive experience protecting employees’ rights in San Francisco and throughout California. We understand the complexities of wage and hour law and will fight to recover the wages you are owed.


We provide:

  • Free initial consultations

  • Personalized attention from start to finish


Take Action Today

If you believe your employer has committed wage theft, don’t wait — strict deadlines apply. Contact Haulk & Herrera LLP to schedule your free consultation and learn about your options.

Call: 415-745-3219

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415-745-3219

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We will fight for you.

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