How Unpaid Wages Are Handled In CA

March 21, 2023
A person is taking money out of their wallet

When you perform a job for your employer, you expect them to pay you. More often than not, employers do pay their employees, but some do not. While some employers legitimately believe that they have paid their employees and don’t owe them anything, some are not honest and don’t mind cheating their employees out of unpaid wages.


If you are owed unpaid wages and your employer is not being cooperative, here’s what you need to know.


How do You Collect Unpaid Wages in California?


Workers employed in California have the right to formally request compensation for unpaid wages by filing a wage claim when their employer fails to pay them the wages or benefits that are rightfully theirs. When the employee files a wage claim, it starts a process intended to allow the employee to collect unpaid wages and benefits owed to them.


The wage claim can be filed in person, online, by US mail, or by email with the Labor Commissioner’s Office.


It’s important to note that ALL workers are protected by California’s labor laws, regardless of their immigration status.

How Long Does an Employer have to Pay an Employee After Payday?

Under California law, employees are entitled to be paid twice a month or more. Employers also must ensure employees are paid by certain dates for each pay period. For instance, if employees’ timesheets for payroll are entered for the 1st to the 15th of the month, then the very latest an employer may set the pay date is the 26th of that month. The second pay date for work performed from the 16th through the end of that same month must be paid no later than the 10th day of the following month.


When Does An Employer Have To Pay You If You Are Fired Or You Quit?

California employers must follow specific timeframes when issuing final wages to employees who were either fired or quit

  • The employee is terminated or laid off
  • Payment of all wages is required at the place of termination on the same day they were terminated
  • Employee quits
  • With 72 hours’ notice
  • Payment of all wages is required on their last day
  • Without 72 hours’ notice (they quit the same day as notice)
  • Payment of all wages is required within 72 hours of their notice



When Should You Get A Lawyer?

The best time to get a lawyer for your unpaid wages case is when you decide to file the claim. The sooner you get legal representation the better. Even if your claim process seems to be going smoothly, that can change in an instant.


You will want an attorney if your employer won’t give you the documentation you need for hours worked or if your claim is denied. But there are many other reasons it makes sense to have a lawyer on your side.


Employment law attorneys know California employment law and they have the experience necessary to manage any issue that may arise during your case.


If you have unpaid wages, the Lawyers for Employee and Consumer Rights can help.


Call us today for a free and confidential consultation to get the help you need and deserve.


Share on Social Media

Unpaid Overtime, Missing Breaks, Bounced Checks: All of It Can Be Wage Theft

June 9, 2026
Is your employer refusing to pay you what you earned? If so, you may be dealing with more than a payroll mistake.  Many California employees assume wage theft only happens when an employer completely refuses to issue a paycheck. In reality, wage theft in California takes many forms. Some are obvious. Others happen quietly over months or years until employees realize they have lost thousands of dollars in wages, overtime, missed-break premiums, or other compensation they were legally entitled to receive. The good news is that California employees have strong wage and hour protections. The challenge is recognizing when a violation is occurring and understanding what steps to take if your employer refuses to fix the problem.

What Happens to Employees Who Complain About Workplace Problems

June 2, 2026
Can You Really Speak Up at Work Without Losing Your Job? In many cases, yes. California employees have legal protections when they report certain workplace problems. The problem is that many workers do not know what those protections are, and many employers do not openly explain them. As a result, employees often stay quiet because they are worried about losing their job, getting demoted, having their hours cut, or suddenly finding themselves on management's bad side.  The reality is that retaliation claims are among the most common workplace disputes. Employees raise concerns about discrimination, harassment, unpaid wages, safety violations, or other workplace problems, and shortly afterward something changes. Maybe they receive a disciplinary write-up. Maybe their schedule changes. Maybe they are suddenly labeled a poor performer after years of positive reviews. That does not automatically mean retaliation occurred. But it is often the point where employees begin asking questions about their rights as a California employee and whether their employer crossed a legal line.

Is Your Boss Making Work Unbearable on Purpose: Here's When That Becomes Illegal

May 26, 2026
Is your employer trying to force you to quit? Sometimes employees can feel it happening long before they can prove it. A manager suddenly stops speaking to them. Responsibilities start disappearing. Negative reviews appear out of nowhere. Hours get cut. Meetings happen without them. At some point, many employees begin wondering whether their employer is trying to make them quit instead of firing them directly.  In California, there are situations where making working conditions so difficult that an employee feels they have no choice but to resign can create legal issues. The legal term often associated with these situations is constructive dismissal, sometimes called constructive discharge. Understanding where the line exists between a difficult workplace and an unlawful one is important.
More Posts