California wage claims: how to get your unpaid pay

How to file a wage claim in California

1. Gather your records

   Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

2. Ask in writing first (optional)

   A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

3. File with Labor Commissioner's Office

   File a wage claim with the Labor Commissioner's Office online, by email, by mail, or in person at a local office; forms are free to download in Spanish and other languages. Give the employer's name and address (or even a license plate number if that is all you have) and any records of your hours and pay. A Deputy Labor Commissioner reviews the claim; usually a settlement conference is set, and if that does not resolve it, a hearing officer holds a hearing and decides. Filing is free, and you can file even if you are misclassified as an independent contractor.

4. Watch the deadline

   File on time: 3 years for minimum wage, overtime, missed meal and rest breaks, sick leave, illegal deductions and unpaid reimbursements; 2 years for an oral promise of pay above minimum wage; 4 years for a written contract; 1 year for bounced-check penalties or denied access to payroll records (Labor Commissioner's Office). Retaliation complaints: 1 year from the retaliation.

Minimum wage and overtime in California

California's minimum wage is $16.90 an hour for all employers since January 1, 2026. It rises to $17.40 on January 1, 2027. Fast food restaurant workers covered by the fast food law must get at least $20.00, and certain health care workers have a higher health care minimum wage. Many cities and counties set a higher local minimum wage; if you work there, your employer must pay the higher local rate.

Minimum wage (2026)

$16.90

Tipped cash wage

$16.90

Next change

$17.40 on January 1, 2027

Overtime

You get 1.5 times your regular rate for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh day in a row you work in a workweek. You get double time for hours over 12 in a workday and over 8 on the seventh day in a row (Labor Code § 510). Some workers are exempt, and alternative workweek schedules can change the daily rules.

Paydays: At least twice each calendar month on regular paydays set in advance, with some exceptions (Labor Code § 204).

Your final paycheck in California

If you are fired or laid off

Immediately, at the time you are fired or laid off, including accrued vacation (Labor Code § 201).

If you quit

If you gave at least 72 hours' notice: on your last day. If you quit without 72 hours' notice: within 72 hours. You can ask for the check to be mailed (Labor Code § 202).

Law

Cal. Labor Code §§ 201, 202

When was your final paycheck due in California?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Penalties your employer may owe

If your employer willfully does not pay your final wages on time, it owes a waiting-time penalty of your daily wage for each day late, up to 30 days (Labor Code § 203); filing a claim with the Labor Commissioner does not stop the penalty from growing. You can also claim penalties for bounced paychecks (§ 203.1), penalties for late payment of wages (§ 210), liquidated damages (§ 1194.2), and damages for willful misclassification as an independent contractor (§ 226.8), as listed on the official wage claim form.

Retaliation and immigration status

It is illegal to retaliate against you for complaining about wages or using your rights; you can file a retaliation complaint with the Labor Commissioner's Office within one year of the retaliation (Labor Code § 98.6).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

California's Labor Commissioner says California's labor laws protect all workers, regardless of immigration status.

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not count your tips toward the minimum wage. Deductions are allowed only when required by law, when you authorize them in writing for things like insurance or benefits, or under a wage or collective bargaining agreement; deductions for cash shortages, breakage or lost equipment are strictly limited.

Good to know in California

• If you do not know the employer's business name, the Labor Commissioner suggests writing down the license plate number of the person who pays you.
• A supervisor or manager who violates your labor rights can sometimes be held personally responsible along with the employer.
• A worker who quits after giving 72 hours' notice must be paid on the last day; if not, waiting-time penalties start.

Forms

• Initial Report or Claim (wage claim form) - English
• Initial Report or Claim (wage claim form) - Spanish

Wage-theft calculator for California

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

Questions about wage claims in California

Other states