In California, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover their unpaid wages. They may do this in the following ways:
- Submit a claim for unpaid wages to the Labor Commissioner’s Office of the Department of California Department of Industrial Relations
- Submit a wage claim to the Wage and Hour Division of the federal Department of Labor
- File a wage and hour lawsuit in a civil court.
A person who is a salaried employee with an employment contract would be able to sue their employer in court for breach of contract if their employer does not pay them what they owe under their contract.
Per definitions in California employment laws, wages include not only the pay and benefits that a worker earns but also other benefits that they are promised, such as room and board, clothing e.g., uniforms, vacation pay, and sick pay.
It is against the law for California employers to pay employees less than the hourly minimum wage. Also, an employer owes their employee all of the wages they have earned per their employment contract.
If an employer fails to pay the minimum wage or the full amount of wages and benefits owed to the employee per their employment contract, the employee may recover the money they are owed in a claim or lawsuit.
In 2024, California’s minimum wage is $16.00 per hour. In many cities and counties, the minimum wage is higher. An employee in those cities and counties must be paid the higher local minimum wage.
Under California’s overtime law, employers are required to pay overtime for work that exceeds the maximum number of hours. The maximum number of hours are as follows:
- More than 8 hours in a 1 work day
- More than 40 hours in 1 work week
- More than 6 days in 1 work week.
Employees are entitled to a minimum overtime pay of 1.5 times their regular hourly pay.
In addition, 2 times the regular hourly rate of pay must be paid for work of more than 12 hours in a single workday, or 8 hours on the 7th day of a workweek. Even if the employer does not require overtime work, employers may owe employees overtime pay if the employer allows the employee to work the extra hours.
In California, employment laws that dictate the responsibilities employers have towards their employees in terms of wages, hours, and working conditions are contained in “California wage orders.” The state’s Industrial Welfare Commission (IWC) was set up to regulate these terms of employment. It has issued 17 wage orders that apply to a variety of industries and occupations.
Each wage order covers a different sector, such as manufacturing or agriculture. They include regulations that address the minimum wage, overtime pay, meal and rest breaks, and the minimum type of facilities that are required in the workplace, e.g., clean bathrooms and dressing rooms, and other working conditions.
What Should I Do if My Employer Has Not Paid Me?
As noted above, California wage and hour laws establish a minimum hourly wage for workers who are paid by the hour. They also require that a worker be paid overtime pay for hours worked over a certain number per week.
An employer who does not pay their employees the minimum wage for all of the hours they have worked or the overtime pay rate for their overtime hours may owe the employee for unpaid wages. A local California lawyer would be able to provide additional information about California wage and hour laws.
How Do I File an Unpaid Wages Complaint?
A person who has not been paid the wages or other benefits they are owed by their employer may file a claim with the Labor Commissioner’s Office in the California Department of Industrial Relations. The claim can be submitted online, by email, mail, or in person.
A person may also file a Back Wage Claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and recovers the unpaid wages for the employee.
A person may also file an unpaid wages lawsuit in a civil court.
How Much Can I Recover if I Sue for Unpaid Wages?
Of course, the amount a person can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly interest and attorney’s fees and costs. In addition, they might be able to recover a penalty specified by California law, such as a “waiting time penalty,” as explained below. Other penalties might be owed by the employer depending on state or federal law.
What Are the Remedies for Unpaid Wages?
In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a person may be able to recover the following:
- The full amount of unpaid wages they are owed
- Interest on the full amount of unpaid wages
- Reasonable attorney’s fees and court costs.
If a person’s employer fails to give the employee their mandatory meal or rest breaks, they may recover an amount equal to 1 hour’s wages for each break they did not receive. If the employer’s California Fair Labor Standards Act violation was not the result of an honest mistake, the employee might be able to recover an amount equal to two times their damages.
California law imposes a “waiting time penalty” on employers who intentionally fail to pay final wages to employees in full and on time when their employment ends. So, if an employee is claiming the final wages that their employer failed to pay them after their employment ended, they can claim the waiting time penalty in addition to the wages they are owed.
The amount of the waiting time penalty is equal to a full day’s wages for every day that payment was delayed. The penalty continues to add up for as long as 30 days after a worker’s employment has ended until the full amount of wages owed is paid.
How Can I Prove an Unpaid Wages Claim?
The Labor Commissioner’s Office needs information to support a wage claim as follows:
- The name and address of the employer for which a person works.
- The name of the company should be listed on pay stubs, mailing labels, and product labels. If a person cannot find the information, they can make a note of the vehicle license plate number and the make and model of the car or truck of the person who pays the worker.
- Any person acting as a supervisor or manager who violates a worker’s rights to wages and benefits can sometimes also be held responsible.
A person needs to keep track of the time at which they begin and stop work every day. They should also make note of their meal and rest breaks and the total hours they work.
If a person is paid by contract or piece rate, they should still earn at least the minimum wage for each hour they work, so they want to keep track of the amount of time they spend on each contract or piece. A person should also keep every last pay stub they get from their employer. An employer should give an employee a pay stub or wage statement every time they are paid.
The pay stub or wage statement should state the employee’s name, wages earned, dates of the pay period, and their employer’s name, address, and telephone number. It should also show any deductions that were made for taxes or wage garnishments and the hours of sick leave or vacation time accrued, if any.
All of the information and documents listed above should help an employee determine if they have been paid what they are owed. They may also help them with their case if they must file a wage claim.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If your employer has not paid you the wages or benefits that you are owed, you want to consult a California employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed.
