Unpaid wages, overtime violations, meal break penalties — California has the strongest worker wage protections in the nation
California requires 1.5x pay for hours over 8 in a day or 40 in a week, and 2x pay for hours over 12 in a day. Many employers misclassify employees to avoid overtime.
Employers must provide a 30-minute unpaid meal break for every 5 hours worked, and a 10-minute paid rest break for every 4 hours. Missing breaks triggers a 1-hour penalty premium pay per violation.
California's minimum wage is $16.50/hour in 2026 (higher in some cities). Employers cannot pay below this rate for any hours worked.
Classifying employees as independent contractors to avoid overtime, benefits, and payroll taxes is illegal under AB 5 in most California industries.
California requires immediate payment of all wages upon termination (or within 72 hours for employees who quit). Waiting time penalties of up to 30 days' wages can apply.
Collect pay stubs, time records, your schedule, offer letter, and any communications about pay. If your employer doesn't provide records, they are legally required to do so.
File a wage claim at dir.ca.gov/dlse/ or call 1-844-522-6734. There is no filing fee. You have 3 years to file for most wage claims.
The Labor Commissioner schedules a conference between you and your employer. Many cases settle here. If not, a hearing is scheduled before a Deputy Labor Commissioner.