Dealing With Unpaid Wages in California
My employer hasn't paid me — here's what California law says and what to do next.
Statute: Cal. Lab. Code §§ 201-203
Deadline: 0 days
Penalty: Employer is liable for waiting time penalties of one day's wages for each day payment is late, up to a maximum of thirty (30) days' wages, plus interest and attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How California differs from federal law
California's minimum wage is significantly higher than the federal rate:
- State minimum wage: $16.90/hr (effective January 1, 2026). Adjusted annually based on CPI.
- No tip credit: Unlike federal law, California does not allow a tip credit. Employers must pay the full state minimum wage regardless of tips received.
- Fast food workers: $20.00/hr for fast food restaurant employees (AB 1228, effective April 1, 2024). The Fast Food Council may increase this rate annually, capped at 3.5% or CPI.
- Healthcare workers (SB 525): $24/hr for large hospital systems and dialysis clinics (through June 30, 2026, rising to $25/hr on July 1, 2026). $21/hr for clinics (through June 30, 2026, rising to $22/hr on July 1, 2026). $21/hr for other covered facilities (through May 31, 2026, rising to $23/hr on June 1, 2026). All tiers continue increasing annually.
Many cities and counties (San Francisco, Los Angeles, San Jose, etc.) have local minimum wages even higher than the state rate. You are entitled to whichever rate is highest.
Additional steps in California
File a wage claim with the DLSE at dir.ca.gov or call (833) 526-4636. Check your local city/county minimum wage — it may be higher than the state rate.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for California, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in California.