Can You Sue for Wage Theft in California?
Can I Sue if My Employer Hasn’t Been Paying Me on Payday?
For workers in California, payday is not a routine—it's a legal obligation. If your employer often misses a payday or delays your wages without a good reason, you can take legal action.
So, can you sue if your employer hasn’t been paying on payday? In short, yes: you can sue your employer for not paying you on payday. California labor law protects employees' rights to get paid on time. Employers who break these rules can face damages, penalties, and interest.
Understanding Your Right to Timely Pay
California Labor Code Section 204 requires employers to pay most employees at least twice a month. Employers must set the payment dates in advance. The employer must pay wages earned from the 1st to the 15th by the 26th. The company must pay wages earned from the 16th to the end of the month by the 10th of the next month. For weekly, biweekly, and semi-monthly pay schedules, payments are due seven days after the end of the pay period.
Final paychecks also have strict requirements. If you quit with at least 72 hours’ notice, or are terminated, your employer must give you your final paycheck on your last day of work. Failure to do so can result in penalties.
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Why Late Payments Are a Big Deal
ate or missed paychecks don’t just create financial stress, they’re a violation of your rights. When employers don’t pay wages on time, budgeting becomes tough. You might struggle to pay rent and bills. This makes it hard to plan for your future, and the law takes this seriously.
If your employer hasn’t paid you on payday, they may be subject to penalties, including:
- Waiting time penalties: If your employer fails to pay you on time when they terminate you, you may receive up to 30 days of extra wages.
- If your employer violated minimum wage laws, you’re eligible to receive interest on your unpaid wages.
- Civil penalties: The Labor Commissioner can fine your employer for each late payment, especially if the violation continues or impacts many workers.
But missing a payday isn't the only way wage theft may occur. Tactics like misclassifying employees, manipulating hours, and making them work "off the clock" without pay are common forms of wage theft.
What You Can Do if Your Employer Hasn’t Paid You
If your employer misses a payday, here are your options:
- Document Everything: Keep a record of your hours, pay periods, and talk with your boss about your missing paycheck.
- If you have timecards, emails, or text messages, save them. This documentation will help your claim if you file a complaint or take legal action.
- Talk to Your Employer: Late payments can happen due to mistakes or banking problems. Letting your employer know about the issue politely could lead to a quick fix. But if delays continue or you feel your concerns are being ignored, escalate the matter.
- Consider Legal Action: You can sue your employer in civil court. You may be able to recover unpaid wages, penalties, and attorney’s fees.
- Contact an Employment Attorney: It’s smart to talk to an employment lawyer. An attorney can assess your situation and help you determine the best course of action.
- File a Wage Claim: After consulting with a lawyer, they may direct you toward the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office. The DLSE will investigate your claim and may hold a hearing to determine what you're owed.
What About Retaliation?
California law protects workers who fight for their right to timely pay. If you get fired, demoted, or punished for filing a wage claim, that may be illegal retaliation and you could be entitled to damages.
California has some of the best labor protections in the country. If your employer fails to meet their obligations, you can take legal action. You can file a wage claim or a lawsuit. Both options help you get paid what you deserve and hold your employer responsible.
Take action promptly: claims for unpaid wages in California are subject to time limits. In most cases, you have up to three years to recover unpaid wages and penalties. But the sooner you act, the easier it is to gather evidence and build your case.
If your employer missed a payday or hasn’t paid your full wages, contact Lawyers for Employee and Consumer Rights today for a free case review. Our employment attorneys can help you file a wage claim or lawsuit to recover what you’re owed—and more.
Content is informational only and not legal advice.
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