You get your paycheck and notice something off. The hours seem correct, but the total earnings appear low.
It could be because you stayed late to close, worked through an unpaid meal break, or didn’t receive all of your tips. But it could also potentially be a wage theft problem.
If you are looking to hire a San Diego employment law attorney, here are some things to keep in mind before calculating how much your employer may owe you.
You will need to calculate what you should have been paid, not necessarily show that they had malicious intent.
In this article you will learn:
- Types of Wage Theft
- Why Hire an Employment Attorney
- Know the Minimum Wage That Applies
- Keep Track of Your Pay
- File Your Claim
- Statute of Limitations, Retaliation, and Recovering Your Wages
- Final Thoughts
Types of Wage Theft
Wage theft isn’t just an employer refusing to issue a paycheck. It also covers pay and benefits that a worker has earned but hasn’t received.
Examples include:
- Not getting paid for off-the-clock work. Opening, closing, responding to messages, etc.
- Not receiving overtime.
- Not receiving meal/rest breaks, or not receiving any premium pay owed for those violations.
- Your employer is retaining your tips or making improper deductions.
- Final pay, or business expenses that you paid for, that were not reimbursed as required.
Why Hire an Employment Attorney
If you find that your check is short, it could just be a simple payroll error and you are able to request another check to cover the discrepancy. But what if it happens over and over? Or your employer does not agree with the recollection of your hours?
Hiring an employment lawyer can help you determine if any of these wage and hour laws may apply to your situation. Learn more at https://www.hhdlaw.com/san-diego-employment-lawyer/.
Legal advice may help with:
- Determining if you fall under an overtime exemption
- Your employer considers you an independent contractor, but you believe you should be an employee
- Multiple months of missing wages
- If you feel you may have experienced retaliation
Having an attorney can help distinguish between your wage claim and retaliation.
Perhaps you didn’t receive your overtime pay and after bringing this up, your employer threatened you. Those would be two separate claims.
You are not required to have an attorney to file a claim with the Labor Commissioner. However, if you decide to settle with your employer, having an attorney can help you understand what you may be relinquishing.
Understand and be clear about your options.
Know the Minimum Wage That Applies
Where did you work? Did you work within the City of San Diego?
- Minimum wage: In 2026, most of San Diego County follows California’s $16.90 hourly minimum wage, while the City of San Diego requires $17.75 per hour as of January 1, 2026. Higher local or industry rates may apply. If your employer is paying you the county minimum wage, but you work in the City, you may be due more. Make sure to note where you were working; it could differ week to week.
- Hospitality minimum wage: Some employees who work in hotels, amusement parks, and event centers, have a higher minimum wage. The separate city hospitality minimum wage ordinance took effect July 1, 2026.
- Overtime: Make sure to calculate your overtime. Employees who are not exempt will receive overtime pay after 8 hours in a day, or 40 hours in a week. There are some circumstances where you will be due double time, so it’s best to speak with an attorney to help calculate that amount.
The Labor Commissioner was able to recover over $78 million in wages to workers throughout California in 2025 – that’s the total amount recovered statewide, not a prediction of what a worker could receive.
Keep Track of Your Pay
Clear records matter in a wage claim.
You may have different hours each week, so it’s important to start documenting your hours as soon as possible.
- Write down actual hours. Record when each shift started and ended, along with meal breaks and time worked before or after clocking in.
- Save pay records. Keep wage statements, schedules, employment agreements, and any timekeeping records you can lawfully access.
- Keep work messages. Preserve relevant texts or emails about hours, duties, tips, or requests to correct your pay.
- Compare pay periods. Note the dates, hours, amounts received, and the specific difference you believe is owed.
Make sure to use your own device, and if possible, keep original copies of these documents. Do not tamper with any documents or take information about your customers/coworkers that you aren’t entitled to.
You can still file a claim if your employer failed to keep records of your time worked. Employers generally must maintain accurate time records for covered workers, but having your own records can be helpful as well.
File Your Claim
Filing options depend on the claim.
- The California Labor Commissioner allows workers to file a claim for unpaid wages and certain benefits. You can file a claim with the Labor Commissioner online, through email, mail, or in person. In most cases, the Labor Commissioner schedules a settlement conference, and if a resolution is not met, you may have a hearing.
- The City of San Diego has an Office of Labor Standards and Enforcement that also allows you to file a complaint. You can report if you believe you are not being paid the proper minimum wage, if you are not receiving earned sick leave, or if you work in the hospitality industry and aren’t being paid the applicable wage.
It depends on where you worked, what wages you weren’t paid, and whether that wage falls under city or state law.
If you aren’t sure, write down your employer’s name, work location, dates, and the wages you believe were unpaid. This makes it easier for an agency or adviser to understand the issue.
Keep in mind that if you are reporting an employer’s workplace practice, you may need to file a different claim than you would if you were trying to recover your wages.
Statute of Limitations, Retaliation, and Recovering Your Wages
According to the California Labor Commissioner, you have 3 years to file your claim if it involves minimum wage, overtime, meal/rest breaks, illegal deductions, or reimbursement of expenses.
Other claims may have a different statute of limitations, so it is best to file as soon as possible.
Are you afraid to lose your job? California prohibits retaliation if you have exercised your rights that are protected under wage and hour laws.
If you lost hours, were threatened, or terminated after speaking up about your wages, you may want to document those events as well. You may have less time to file your retaliation claim, so be mindful of the statute of limitations.
One last thing to know is that you may not be able to collect your wages, even if you win your claim. An August 2026 inewsource report described San Diego-area caregivers still seeking payment after favorable wage decisions.
Final Thoughts
A short paycheck deserves a closer look, even if the missing amount seems small. Check the rate that applies where you worked, compare your hours, and keep the records that show the difference.
While it can be discouraging, it is best to gather as much documentation as possible because a careful review now can help you decide whether to simply request a payroll correction from your employer, file an agency claim, or seek legal advice.
