Unpaid Wages & Overtime Disputes
California law requires employers to pay employees for all hours worked and to provide overtime pay when applicable.
When employers fail to do so—whether intentionally or due to payroll errors—employees have the right to recover unpaid wages, penalties, and legal costs.
Wage Payment Requirements
Employees must be paid:
- At least the applicable minimum wage
- Timely and in full on scheduled paydays
- For all hours worked, including off-the-clock tasks, training, and mandatory meetings
- For reporting time, when required to show up but sent home early
- For unused vacation time upon termination (treated as earned wages)
Final paychecks must be issued on the last day of work if the employee is terminated, or within 72 hours if the employee quits without notice.
Case Results
Overtime Rules in California
Non-exempt employees are entitled to overtime pay at:
Unlike federal law, California calculates overtime on both a daily and weekly basis. Employers must also include nondiscretionary bonuses in the regular rate when calculating overtime.
Common Violations
- Paying a flat salary with no overtime for non-exempt workers
- Misclassifying employees as exempt to avoid overtime obligations
- Failing to pay for pre-shift or post-shift duties
- Deducting time for breaks not actually taken
- Delaying final paychecks or underpaying departing employees
Even if an employee agreed to work without proper pay, that agreement is not legally valid under California law.
Filing a Wage Claim
Employees can file a wage claim through the California Labor Commissioner’s Office (Division of Labor Standards Enforcement, or DLSE). The process includes:
- Filing a claim form with supporting documentation
- A settlement conference or hearing
- A possible wage award issued by the Labor Commissioner
Alternatively, workers may pursue a lawsuit in court for wage violations.
Legal Remedies
If a wage or overtime claim is successful, the employee may recover:
In cases of widespread violations, class actions may be appropriate to represent multiple affected employees.