California Unpaid Wages: A Guide to Recovering What You’re Owed

California has some of the strongest wage and hour protections in the country, and employees who are not properly paid may be entitled to recover what they are owed. Unpaid wages can arise in many ways, including unpaid overtime, noncompliant meal and rest periods, inaccurate wage statements, and delayed final paychecks. This overview explains how these protections generally work and what steps you may consider if you believe you have not been paid correctly.

Overtime Pay

Under Labor Code section 510, nonexempt California employees may generally be entitled to overtime pay. Overtime is generally paid at 1.5 times the regular rate for hours worked beyond 8 in a day, beyond 40 in a week, and for the first 8 hours on the seventh consecutive workday in a workweek. Double time, paid at 2 times the regular rate, generally applies for hours worked beyond 12 in a day and beyond 8 hours on the seventh consecutive workday. Whether you are entitled to overtime generally depends on your classification and the circumstances, and misclassification issues may also be relevant.

Meal and Rest Periods

California law generally requires employers to provide uninterrupted meal and rest periods to nonexempt employees. Under Labor Code section 512, an employer generally must provide a 30-minute meal period after 5 hours of work, and a second meal period after 10 hours. Rest breaks are generally addressed in the IWC Wage Orders, which generally provide for 10 minutes of paid rest for every 4 hours worked or major fraction thereof.

When an employer fails to provide a compliant meal or rest period, the employee may generally be entitled to a premium. Under Labor Code section 226.7, a noncompliant meal or rest period may generally entitle the employee to one additional hour of pay at the regular rate for each workday that a noncompliant meal or rest period occurred.

Wage Statement Violations

Under Labor Code section 226, employers are generally required to provide accurate, itemized wage statements that include nine specific categories of required information. When wage statements are inaccurate or incomplete, employees may potentially have a claim depending on the circumstances. Keeping copies of your wage statements and pay records that you lawfully possess may help if you later need to evaluate a potential claim.

Final Paychecks and Waiting Time Penalties

California law generally sets specific timing requirements for final wages. An employee who is discharged is generally entitled to receive final wages immediately, while an employee who resigns with at least 72 hours of notice is generally entitled to final wages on the last day. When an employer willfully fails to pay final wages on time, Labor Code section 203 generally provides for waiting time penalties of up to 30 days’ wages. Whether penalties apply generally depends on whether the failure was willful and on the specific circumstances.

How to File a Wage Claim

Employees who believe they are owed unpaid wages may generally file a claim with the California Labor Commissioner, also known as the Division of Labor Standards Enforcement (DLSE). The Labor Commissioner generally handles many types of wage disputes, including unpaid overtime, unpaid meal and rest premiums, and unpaid final wages. Alternatively, depending on the circumstances, an employee may be able to pursue a claim in court. An attorney may be able to help you evaluate which option may be appropriate for your situation.

Frequently Asked Questions

To discuss your situation, you may reach us at (310) 956-4054 or contact us online. Because filing deadlines vary depending on the type of claim, consider seeking legal advice promptly.