
Every hour you worked counts.
California wage-theft guide
Not paid what you earned?
California wage law in plain language: minimum wage, overtime, breaks, final pay, and how to bring a claim with the Labor Commissioner or in court.
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Common forms of wage theft
Signs you may be owed money
Off-the-clock work
Pre-shift meetings, security checks, closing duties or answering messages after clocking out.
Overtime not paid
California overtime is daily as well as weekly: over 8 hours in a day or 40 in a week, and double time over 12.
Missed meal or rest breaks
Each workday with a missed, late or interrupted break can earn one extra hour of pay (Labor Code 226.7).
Paid as a contractor
Being called an "independent contractor" does not decide it. California uses the ABC test.
Tips taken
Managers and owners cannot keep any part of employees' tips (Labor Code 351).
Final pay late or short
Fired workers must be paid in full immediately. Late final pay can add up to 30 days' wages.

Local rates
LA minimum wage is higher than the state's
California's minimum wage changes every January 1. The City of Los Angeles and unincorporated Los Angeles County set their own, higher minimums that change every July 1, and some industries (such as hotels and health care) have their own rates. Check the current posted rate for where you work: the state Labor Commissioner, the City of LA Office of Wage Standards, or LA County.
Case review
5 quick questions
About a minute. Not a law firm. Submitting this form does not create an attorney-client relationship. Your information may be shared with participating attorneys who may contact you.
Se habla español — Spanish-speaking staff available at the sponsoring firm, Apollo Law Group.
Guides
Start with these
What counts as wage theft in CaliforniaWage theft is not one law. It is a set of specific rules, and each has a remedy.Read the guide
Labor Commissioner wage claim or lawsuit: choosing a pathTwo routes to recover unpaid wages, with different speed, cost and reach.Read the guide
California overtime rules, explained with examplesDaily overtime, double time, the seventh-day rule, and why "salaried" does not always mean "exempt."Read the guideFAQ
Frequently asked questions
- When does California require overtime?
- Non-exempt employees earn 1.5 times their regular rate for hours over 8 in a workday or 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek. Double time applies after 12 hours in a day and after 8 hours on that seventh day (Labor Code 510).
- What are my meal and rest break rights?
- Generally, a 30-minute unpaid, duty-free meal break before the end of the fifth hour of work, a second one for shifts over 10 hours, and a paid 10-minute rest break for every four hours worked or major fraction of four. If a break is missed, the employer owes one extra hour of pay at your regular rate for each workday a meal break is missed and one for each workday a rest break is missed (Labor Code 512 and 226.7).
- What is the minimum wage?
- California's statewide minimum wage for 2026 is $16.90 an hour, and many cities, including Los Angeles, set a higher local minimum. Some industries, such as fast food and health care, have their own higher minimums.
- How can I recover unpaid wages?
- You can file a wage claim with the California Labor Commissioner's Office or file a lawsuit. Claims under the Labor Code generally have a three-year limit (Code of Civil Procedure 338), and some claims can reach back four years under the Unfair Competition Law (Business and Professions Code 17208).
- My employer says I'm an independent contractor. Am I?
- California uses the "ABC test" for most jobs: a worker is an employee unless the hiring business shows the worker is free from its control, does work outside the usual course of its business, and is customarily engaged in an independent business of that kind (Labor Code 2775). Many workers labeled contractors are legally employees.
- Can my employer punish me for complaining about pay?
- No. Retaliating against an employee for complaining about unpaid wages or filing a wage claim is illegal (Labor Code 98.6).
- Am I owed wages if I am undocumented?
- Yes. California law protects all workers' right to be paid for work performed, regardless of immigration status (Labor Code 1171.5). Our case-review form never asks about immigration status.
- What is PAGA?
- The Private Attorneys General Act lets an employee recover civil penalties for certain Labor Code violations on behalf of the state and other employees. It starts with a written notice to the Labor and Workforce Development Agency (Labor Code 2699.3). The law was reformed in 2024.
General information about California law, not legal advice.
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