California Unpaid Wages Calculator: Overtime & Penalties
Use this free California wage calculator to estimate unpaid overtime, meal and rest break premiums, waiting-time penalties, and wage statement damages. If you were paid a salary, misclassified as exempt, denied breaks, or not paid all wages due, this tool can help you estimate what you may be owed.
- Convert salary into an estimated regular hourly rate
- Estimate unpaid overtime and double time
- Calculate meal and rest break premiums
- Review waiting-time penalties and wage statement damages
For informational purposes only. Results are estimates and do not constitute legal advice.
How Many Weeks Can You Include?
Enter the dates you worked for the employer. This calculator estimates how many weeks may fall within a potential four-year wage recovery period for purposes of the calculations below.
Why Is the Calculator Limited to Four Years?
Many California wage claims based on statutory violations are generally subject to a three-year statute of limitations. However, unpaid wages may also, in appropriate circumstances, be sought as restitution through a claim under California's Unfair Competition Law. A claim brought under that law generally has a four-year statute of limitations.
For that reason, this calculator uses a potential four-year lookback when estimating how many weeks of unpaid wages may be considered. The four-year period does not automatically apply to every penalty, statutory damage, or other remedy.
This calculator provides a general estimate only. Statutes of limitations depend on the particular claims being asserted and when those claims accrued. In some circumstances, a limitations period may also be paused, extended, or tolled. If tolling applies, claims arising more than four years ago may potentially remain actionable. An attorney should evaluate the applicable limitations period based on the specific facts of the case.
Misclassified and Paid a Salary?
If you were treated as exempt and paid a salary, but should have been classified as a nonexempt employee, your salary can be converted into an estimated regular hourly rate for purposes of calculating overtime.
This calculator assumes the employee is nonexempt and uses a 40-hour workweek for this preliminary estimate.
If the hourly rate calculated above falls below the minimum wage that applied during the relevant period, you may have a separate minimum-wage claim in addition to unpaid overtime. California law may allow recovery of the unpaid minimum wages and, in qualifying cases, liquidated damages equal to the unpaid minimum wages, plus interest.
Calculate Your Unpaid Overtime
Enter the hours you typically worked during a seven-day workweek. We will estimate your overtime and double-time based on the regular rate calculated in Section 1.
This is a preliminary estimate. California overtime rules can vary depending on the employee's workweek, alternative workweek schedules, exemptions, bonuses, commissions, collective bargaining agreements, and other circumstances.
Meal & Rest Break Premiums
If your employer failed to provide compliant meal or rest periods, you may be entitled to additional premium pay for affected workdays.
The calculator estimates one hour of premium pay at the regular rate for each affected meal-break workday and separately for each affected rest-break workday.
This is a preliminary estimate only. Whether a break violation occurred depends on the employee's schedule, applicable wage order, lawful waivers, industry-specific rules, and other circumstances.
Waiting-Time Penalties
If your employment ended and your employer willfully failed to pay all final wages when they were due, California law may provide for continuing daily penalties for up to 30 calendar days.
Waiting-time penalties are not automatic. Among other requirements, there generally must be wages due when the employment relationship ends and a willful failure to timely pay them. A good-faith dispute can affect whether the penalty is recoverable.
This calculator provides a preliminary estimate only. Final-pay deadlines can differ depending on whether the employee was discharged, resigned with sufficient notice, or resigned without sufficient notice.
Pay Stub & Wage Statement Violations
California employers generally must provide employees with accurate, itemized wage statements. Certain knowing and intentional violations may support additional statutory damages.
Wage statement damages are not automatically recoverable simply because a pay stub contains an error. California Labor Code § 226(e) generally requires an injury resulting from a knowing and intentional failure. Where those requirements are satisfied, statutory damages are generally $50 for the initial affected pay period and $100 for each subsequent affected pay period, up to a maximum of $4,000.
This calculator provides a preliminary educational estimate only. Whether a wage statement violates California law and whether statutory damages are recoverable depends on the particular facts and circumstances.
Personnel Records — Potential $750 Penalty
Current and former employees generally have the right to inspect or receive copies of personnel records relating to their performance or grievances. After a proper written request, the employer generally must comply within 30 calendar days, subject to a written extension of up to 35 days. Failure to timely provide access or copies may result in a $750 penalty.
Payroll Records — Potential $750 Penalty
Current and former employees generally have the right to inspect or receive copies of payroll records relating to their employment. After an oral or written request, the employer generally must comply as soon as practicable and no later than 21 calendar days. Failure to timely provide access or copies may result in a $750 penalty.
Minimum-Wage Liquidated Damages
California employees generally must receive at least the applicable minimum wage for all hours worked. If an employee was paid below the required minimum wage, they may recover the unpaid minimum wages and, in qualifying cases, an equal amount as liquidated damages, plus applicable interest.
Late Regular Paychecks
California employers generally must pay wages by the required regular payday. A qualifying initial late-payment violation may result in a $100 penalty. Certain subsequent, willful, or intentional violations may result in a $200 penalty per violation plus 25% of the wages unlawfully withheld.
Retaliation for Complaining About Wages
California law generally prohibits retaliation against employees for making good-faith complaints about unpaid wages or exercising protected Labor Code rights. Available remedies may include lost wages and benefits, reinstatement, and a civil penalty of up to $10,000 per employee for each qualifying violation.
Legal Disclaimer
This calculator provides a general estimate for informational purposes only and does not constitute legal advice. The applicable statute of limitations may differ depending on the particular claim, remedy, facts of the case, and whether the limitations period was tolled, extended, or otherwise affected.