California is generally an at-will employment state, but employers cannot...
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Employment Law Guides & Articles
Practical information and legal insights for California employees. Explore our in-depth guides and latest articles on wage and hour laws, workplace rights, and employee protections
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Disclaimer: These guides and articles are provided for general informational purposes only and do not constitute legal advice.
Employment Law Guides
In-depth resources on key California employment law topics.
California Minimum Wage and Payday
Learn about California's minimum wage requirements, payday rules, and related laws.
California Overtime Laws
Understand when overtime applies, how it's calculated, and your rights.
California Meal and Rest Breaks
Know your rights to compliant meal periods and rest breaks under California law.
Independent Contractor Misclassification
Learn how to identify misclassification and protect your rights.
Exempt Employee Misclassification
Find out when employees are wrongly classified as exempt and what you can do.
Off-the-Clock Work
Understand what qualifies as off-the-clock work and how to recover unpaid wages.
Unpaid Wages, Penalties & Damages
Learn about your options for recovering unpaid wages and additional penalties.
Latest Employment Law Articles
Timely insights, legal updates, and practical information on California workplace rights.
Can Your Employer Punish You for Complaining? Workplace Retaliation in California
California law protects employees from retaliation for many workplace complaints...
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1099 But Treated Like an Employee? Independent Contractor Misclassification in California
Receiving a 1099 does not automatically make you an independent...
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Salaried Does Not Mean Exempt: California Employee Misclassification Explained
Being paid a salary does not automatically eliminate your right...
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Overtime After 8 Hours in California: Do You Need to Work 40 Hours?
California employees may be entitled to overtime after working more...
Read MoreBrowse by Topic
Explore articles and guides by common employment law topics.
Frequently Asked Questions
How do I know whether my employer owes me unpaid wages?
Your employer may owe you unpaid wages if you were not paid for all hours worked, received less than the applicable minimum wage, worked overtime without proper overtime pay, performed work before clocking in or after clocking out, or worked during unpaid meal periods. Other warning signs include unpaid commissions or bonuses, unlawful paycheck deductions, unreimbursed business expenses, inaccurate wage statements, and failure to receive all wages when your employment ended. Your work schedule, actual duties, pay records, time records, and the employer’s day-to-day practices must be reviewed to determine what compensation may be owed.
Can salaried employees receive overtime?
Yes. Receiving a salary does not automatically make an employee exempt from overtime. To qualify for many California overtime exemptions, an employee must satisfy both a minimum compensation requirement and a duties test applicable to the particular exemption. Job titles such as “manager,” “supervisor,” or “administrator” do not determine exempt status. A salaried employee who primarily performs nonexempt work or lacks sufficient independent authority may still be entitled to overtime, meal and rest period premiums, and other unpaid wages.
Can my employer call me an independent contractor?
An employer may use the label “independent contractor,” but the label does not determine your legal status. A written contract, Form 1099, or agreement describing you as an independent contractor is not controlling. California generally presumes that a worker is an employee unless the hiring entity can satisfy the applicable legal test. Courts examine the actual working relationship, including the employer’s control, whether the work is part of the employer’s usual business, and whether the worker operates an independently established business. Misclassified workers may be entitled to unpaid wages, overtime, meal and rest period premiums, expense reimbursement, and other remedies.
What if I did not record all the hours I worked?
The absence of personal time records does not necessarily prevent an employee from recovering unpaid wages. California employers are responsible for maintaining accurate time and payroll records for nonexempt employees. When those records are missing or inaccurate, an employee may use testimony and other evidence to establish the hours worked. Helpful evidence may include work schedules, text messages, emails, time-stamped photographs, computer records, phone logs, calendars, paystubs, and testimony from coworkers. An employee may also be able to provide a reasonable estimate based on a regular work schedule and the duties routinely performed.
Can an employer require employees to work through lunch?
An employer generally cannot require a nonexempt employee to perform work during an unpaid meal period. Employees who work more than five hours ordinarily must be provided an uninterrupted 30-minute meal period during which they are relieved of all duties and the employer relinquishes control over their activities. Limited waivers and lawful on-duty meal agreements may apply in certain circumstances. If the employer fails to provide a compliant meal period, the employee may be entitled to one additional hour of pay at the regular rate for that workday, as well as compensation for any time actually worked.
How far back can an employee recover unpaid wages?
The time available to recover unpaid wages depends on the particular claims and the legal theory asserted. Many California claims for minimum wages, overtime, and meal or rest period premiums are generally subject to a three-year limitations period. In some cases, a claim seeking restitution under California’s unfair competition law may reach back four years, while certain statutory penalties may have shorter deadlines. Different deadlines can apply to contractual claims, retaliation claims, and administrative complaints. Because each unpaid pay period may affect the calculation, employees should not delay in seeking advice.
Can an employer retaliate against an employee for complaining about unpaid wages?
No. California law prohibits an employer from firing, demoting, suspending, threatening, reducing hours, or otherwise retaliating against an employee for making a good-faith complaint about unpaid wages or exercising protected workplace rights. The complaint may be made orally or in writing, and protection may apply whether the employee complains directly to the employer, contacts the Labor Commissioner, or participates in a wage proceeding. Depending on the circumstances, an employee who experiences retaliation may be entitled to reinstatement, lost wages, lost benefits, civil penalties, and other available relief.
Do I need an attorney to bring a wage claim?
No. An employee may file a wage claim directly with the California Labor Commissioner without hiring an attorney. However, legal representation may be helpful when the case involves disputed hours, employee misclassification, multiple wage violations, substantial unpaid compensation, retaliation, arbitration agreements, or a lawsuit in court. An employment attorney can identify all available claims, calculate potential wages and penalties, preserve evidence, evaluate filing deadlines, and determine the most appropriate way to pursue the matter.
Think Your Employer Owes You Unpaid Wages?
Use our free California unpaid wages calculator to estimate what you may be owed for unpaid overtime, missed meal and rest breaks, and other wage violations.
UNPAID WAGES CALCULATOR
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