Mission Viejo Wage and Hour Lawyer

Mission Viejo Wage and Hour Attorney

When your paycheck doesn’t reflect the hours you’ve poured into your job, it is more than just a minor oversight; it is a violation of your rights. If you’re grappling with unpaid overtime, denied breaks, or minimum wage issues, you need a dedicated Mission Viejo wage and hour lawyer on your side.

Briana Kim, PC, can fight for all you deserve. Our founding attorney is fluent in English and Korean. We can evaluate your case and review your options.

Common Examples of Wage and Hour Violations

With a population of over 88,000 in 2025, there is plenty of opportunity in Mission Viejo for employers to cheat their employees. Wage and hour violations take many different forms, but some of the most common examples occur when an employer:

• Fails to pay the required minimum wage (which is currently $16.50 for all Mission Viejo employees, but it could be up to $24 for certain healthcare workers).
• Refuses to pay earned overtime or double time.
• Does not compensate employees for all time worked, such as on-call or preparation duties.
• Requires employees to work off the clock.
• Misclassifies employees as either “exempt” (usually to avoid paying overtime) or as “independent contractors” (usually to avoid providing standard employee benefits and protections).
• Withholds earned commissions or promised bonuses.
• Does not reimburse employees for necessary work-related expenses.
• Forces employees to work through rest or meal breaks without proper pay.

It is also important to note that Mission Viejo’s wage and hour laws explicitly prohibit retaliation against employees who inquire or complain about any of these wage and hour issues.

How to Improve Your Chances of a Successful Wage and Hour Claim

It can be daunting to fight back after you have faced wage and hour violations at work. However, you can take certain measures to protect yourself and work toward a positive outcome for your claim.

You should focus on these actions:

• Document everything. Keep meticulous records of all crucial elements of your wage and hour dispute, including missed wages, overtime worked, and pay stubs. The more detailed your records, the better.
• Act quickly. The statute of limitations sets a strict deadline for filing a claim, which varies by state. You must move fast to be sure your claim is filed within the required window. You could have as little as two years to act.
• Hire an employment lawyer. Wage claims and employment law are often complex and highly technical. A skilled wage and hour lawyer is essential for your situation. They can provide legal counsel and representation, navigate the nuances of the law, and fight for the most positive results.

Understanding Your Compensation Options

If your employer has violated your wage and hour rights, you should partner with an experienced attorney who can confidently pursue the compensation you’re owed, including:

• Recovery of all unpaid wages, such as your rightful minimum wage, overtime pay, and unpaid commissions.
• Monetary penalties for the wages your employer wrongfully withheld.
• Reimbursement for attorney fees, court fees, and other litigation expenses.

Filing a Wage and Hour Claim

If your employer may have violated wage and hour laws, you have recourse under both state and federal regulations. For these protections to work, though, you need to take action. You generally have three options for filing a claim. You can file a:

• Legal claim in civil court
• Wage claim with a federal agency
• Wage claim with a state agency

The federal agency you would file with is the U.S. Department of Labor, whereas the state agency you might file with is the Division of Labor Standards Enforcement (DSLE) in California.

The method and location you choose for filing your claim can impact its potential value and the speed of its resolution. Before you choose any of these options, we recommend that you consult a skilled wage and hour lawyer who is highly experienced with employment law procedures. They can help you find the right method to address your situation.

About Briana Kim, PC

Briana Kim, PC, is a boutique firm that focuses on employment law. We provide personalized attention to each case while possessing the technology and resources of a larger firm. We fight hard for clients while asserting their workplace rights. Our team always strives to ensure outstanding case-specific service.

FAQs

Can My Employer Require Me to Work Off the Clock?

No, your employer cannot legally require you to work off the clock in California. This is considered wage theft and a violation of both federal and state law. You must be paid for all time spent performing work duties, even if the employer did not authorize the extra hours, so long as they knew or should have known that the work was being performed.

What Are Mission Viejo’s Meal and Rest Break Laws?

California mandates that non-exempt employees have a 30-minute, uninterrupted, duty-free meal break if they have a shift lasting over five hours, which must start before the fifth hour. Employees are also entitled to a paid 10-minute rest period for every four hours worked. If your employer denies you breaks, speak to an employment lawyer about this.

Can I File a Claim Against My Employer for Unpaid Wages?

Yes, you can file a claim against your employer for unpaid wages. You can do so by filing a wage claim with the California Labor Commissioner’s Office (DLSE). You can also press a civil claim before a jury in the Superior Court of California – County of Orange or in arbitration. Before you take any actions, you should consult a wage and hour attorney. They can advise you on what methods may be more effective for obtaining compensation for your claim.

What If My Employer Retaliates Against Me for Complaining About Wages?

It is illegal under California Labor Code Section 98.6 for an employer to retaliate against you for complaining about wages. You should reach out to an experienced wage and hour attorney who can see if you have a valid case. If so, they can assist you in filing a complaint with the DLSE through the Retaliation Complaint Investigation Unit.

Hire a Wage and Hour Lawyer

You shouldn’t have to handle wage and hour theft alone. Standing up for your rights is not just about a legal fight; it is about recovering the wages you are rightfully due and ensuring a just workplace for all. At Briana Kim, PC, we can pursue every dollar of unpaid overtime, minimum wage, and compensation you deserve. If you are ready to discuss your situation, contact us today.