Key Takeaways
- Yes — California law allows employees to sue employers for failing to pay wages correctly.
- California law prohibits retaliation for asserting wage rights, including termination or reduced hours.
- Being paid “incorrectly” can include unpaid overtime, missed meal or rest breaks, off-the-clock work, minimum wage violations, and misclassification.
- Employees usually have two enforcement options: filing a wage claim or filing a lawsuit.
- California wage laws often place the burden on employers to prove proper pay.
- In addition to unpaid wages, employees may recover penalties, interest, and attorneys’ fees.
- Strict deadlines apply, so acting promptly can affect how much you recover.
We all have bills and expenses, and many of us have families to care for as well. When we spend most of our lives working, the very least we expect is to be paid appropriately for that work. When that doesn’t happen — whether because of an honest mistake or an employer cutting corners — the consequences can be serious.
Fortunately, both California and federal laws regulate wages, overtime, and break requirements. If you believe your employer is not paying you according to the law, you have options, and understanding those options is the first step toward getting what you’re owed.
Wage Laws in California
California wage laws, enforced primarily through the Labor Code and the Labor Commissioner, generally provide stronger protections than federal law. The
statewide minimum wage is $16.50 per hour in 2025, with scheduled increases in future years. Some cities and counties require even higher local minimum wages.
Overtime rules are also more employee-friendly than many people realize. In most cases:
- Time-and-a-half pay applies after eight hours in a workday
- Double-time pay applies after twelve hours in a single workday
- Additional overtime rules can apply when an employee works seven consecutive days in a workweek
California law also requires employers to provide compliant meal and rest breaks. When required breaks are not provided, employers may owe additional premium pay on top of regular wages.
When Is an Employer “Not Paying You Correctly”?
Unpaid wages are not limited to missing a paycheck. Common examples include:
- Failing to pay overtime
- Requiring employees to work off the clock
- Denying required meal or rest breaks
- Making unlawful paycheck deductions
- Issuing inaccurate wage statements
These practices are often referred to as “wage theft” under California law, even when they occur gradually or without obvious intent.
Another frequent issue is misclassification. Employers may label workers as salaried, exempt, or independent contractors even when the job duties and level of control do not support that classification. Misclassification can result in lost overtime, break protections, and other wage rights.
Can You Sue Your Employer for Wage Violations?
Yes. If your employer has not paid you according to California wage laws or the terms of your employment, you may have the right to take legal action.
Employees generally have two main paths:
filing a wage claim with the California Labor Commissioner or filing a civil lawsuit in court. You do not need to be part of a class action to sue — many wage cases are brought by individual employees.
Filing a Wage Claim vs. Filing a Lawsuit
Employees often confuse these two options, but they serve different purposes depending on the size and complexity of the violation. Choosing the right option depends on how much is owed, how long the violations occurred, and whether the employer is disputing liability.
| Option |
What It Is |
When It’s Often Used |
Key Considerations |
| Wage Claim |
Administrative claim handled by the Labor Commissioner |
Smaller or straightforward wage disputes |
Typically faster and less formal, but remedies may be more limited |
| Lawsuit |
Civil case filed in court |
Larger losses, complex violations, disputed classification, or employer resistance |
More complex, but may allow recovery of additional penalties and attorneys’ fees |
What Can You Recover If You Win?
If you successfully prove a wage violation, you may be entitled to recover:
- Unpaid wages and overtime
- Meal or rest break premiums
- Interest on unpaid wages
- Statutory penalties (including waiting-time penalties in some cases)
- Attorneys’ fees and litigation costs
In some cases, statutory penalties and interest can exceed the amount of unpaid wages themselves.
How Long Do You Have to File an Unpaid Wages Claim in California?
Time limits depend on the nature of the claim. Most unpaid wage and overtime claims must be filed within three years. Claims based on
breach of contract may allow more or less time depending on whether the agreement was written or oral.
Because missing a deadline can permanently bar your claim, identifying the correct statute of limitations early is critical.
Steps To Take if You Suspect a Wage Violation
If you believe your employer is not paying you correctly, take the following steps:
- Document everything. Keep copies of pay stubs, schedules, time records, and any communications about your hours or pay. Personal notes about hours worked and breaks missed can also help.
- Identify the possible violation. Determine whether the issue involves overtime, breaks, minimum wage, misclassification, or another wage rule.
- Avoid confronting your employer prematurely. Raising the issue without understanding your rights can sometimes complicate a claim.
- Speak with a lawyer. A San Diego employment lawyer can help you decide whether a wage claim, a lawsuit, or another approach is the most effective path based on your situation.
Frequently Asked Questions
What happens if my employer pays me incorrectly?
If your employer pays you incorrectly, they may owe you unpaid wages, overtime, missed break premiums, interest, and statutory penalties under California law. Depending on the violation, you may be able to recover more than just the missing pay. Employers can also face additional liability if the issue affected multiple pay periods or involved misclassification.
What are unpaid wages?
Unpaid wages are compensation you earned for work performed but did not receive. This can include regular pay, overtime, or legally required premium pay for missed breaks.
What are examples of unpaid wages?
Examples of unpaid wages include being shorted on a paycheck, unpaid overtime, off-the-clock work, missed meal or rest break premiums, or improper paycheck deductions.
What can I do if my employer isn’t paying me what they should be?
Most employees choose between filing a wage claim with the Labor Commissioner or filing a lawsuit in court. The right option depends on the size of the claim, the clarity of the violation, and whether the employer disputes responsibility.
Can I be fired for filing an unpaid wages claim or lawsuit?
No. California law prohibits employers from retaliating against employees for asserting wage rights. Retaliation can include termination, demotion, or reduced hours.
Can my employer fix unpaid wages after I complain?
Yes, employers may attempt to correct pay errors after a complaint, but late payment does not erase prior violations. Employees may still be entitled to penalties, interest, or additional damages depending on how long the wages were withheld.
Should I quit my job if my employer isn’t paying me correctly?
Not necessarily. Quitting or resigning before getting legal advice can affect what remedies are available and how damages are calculated. In some cases, staying employed while documenting violations may strengthen a claim, while in others resignation may trigger additional penalties. Speaking with an employment lawyer first can help you avoid unintentionally limiting your options.
