How to Prove a Wage and Hour Violation

Here is a step-by-step guide on how to prove a wage and hour violation in Orange County under California law.

Understand What Qualifies as a Wage and Hour Violation

Before collecting evidence, it is important to identify the type of violation. Common wage and hour violations in California include:

• Unpaid minimum wage
• Unpaid overtime wages
• Failure to provide required meal and rest breaks
• Illegal deductions from wages
• Failure to pay for off-the-clock work
• Misclassification as an independent contractor or exempt employee
• Failure to reimburse business-related expenses

Each type of violation requires specific proof, so clarity on the issue helps guide your evidence gathering.

Keep Detailed Records

Documentation is critical. Even if your employer failed to keep accurate time records, your own notes can support your claim. Key evidence may include:

• Personal time logs: Maintain a detailed calendar or spreadsheet showing when you started and ended work, when you took breaks, and when you worked overtime.
• Pay stubs: Review for missing hours, improper deductions, or incorrect rates.
• Bank statements or direct deposit records: These can help verify what you were actually paid.
• Emails or texts: Messages from supervisors requesting off-the-clock work, skipped breaks, or denial of overtime can support your claim.
• Company policies: Handbooks or manuals that outline break policies or classify you as exempt or nonexempt can be useful.

Under California law, if your employer failed to maintain accurate records, the burden shifts to them to disprove your reasonable estimate of hours worked.

Identify Witnesses

Co-workers, former employees, or even supervisors may be able to confirm illegal practices. For example, witnesses can testify about:

• A company-wide practice of denying breaks
• Unpaid overtime affecting multiple employees
• Instructions from management to clock out but keep working
• Misclassification of employees in similar roles

A pattern of violations can strengthen your claim and possibly support a class action lawsuit if others were affected.

Understand California’s Meal and Rest Break Laws

California requires that nonexempt employees receive:

• A 30-minute unpaid meal break for every five hours worked
• A 10-minute paid rest break for every four hours worked

If an employer fails to provide these breaks, the employee is entitled to one additional hour of pay for each day a required break was missed. To prove this, you should track your workday and any missed or interrupted breaks.

File a Claim with the Labor Commissioner

Once you have collected your evidence, you may file a wage claim with the California Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement). This process includes:

• Submitting a written claim form
• Attending a settlement conference
• Participating in a formal hearing if no settlement is reached

You may also choose to file a civil lawsuit, especially if the violation involves large amounts of unpaid wages or affects many workers.

Work with an Experienced Employment Attorney

Our experienced Orange County wage and hour attorney at Aegis Law Firm can help evaluate your claim, organize your evidence, and represent you through the legal process. Employers often have legal teams ready to dispute worker claims. Having your own advocate increases your chance of recovering the full amount you are owed. Contact us to schedule a free consultation today.