If your employer did not pay you for all hours worked, overtime, earned commissions, or your final paycheck, you may have a California wage claim. The right next step depends on the amount owed to you, the evidence available to prove your potential claim, whether other employees were affected, and whether your employer is likely to dispute the facts.
Do You Have an Unpaid Wage Claim?
Wage claims are not limited to employees who never received a paycheck. Common problems include:
- Unpaid overtime because the employer treated an employee as salaried or “exempt” when the job duties did not qualify;
- Off-the-clock work before or after shifts, during meal periods, or through required calls, texts, training, or computer work;
- Missing or late final wages after a resignation or termination;
- Unpaid earned commissions, bonuses, vacation wages, or other promised compensation;
- Missed meal- or rest-period premiums;
- Illegal deductions, unreimbursed business expenses, or inaccurate wage statements; and
- Misclassification as an independent contractor or manager.
Salary alone does not eliminate overtime rights. Nor does an employer’s label for the job decide whether the employee is legally exempt from overtime pay. The actual duties, control over the work, pay structure, and time records matter.
What Can Be Recovered?
Potential remedies for unpaid wages can include unpaid regular wages and overtime, interest, meal and rest break premiums, waiting-time penalties for a willful failure to timely pay final wages, wage-statement penalties, business-expense reimbursement, and attorney’s fees where authorized.
Labor Commissioner Claim or Court Lawsuit?
California employees often have two paths of recovery of unpaid wages: a wage claim with the Labor Commissioner’s Office (DLSE) or a lawsuit in court. Which option is better depends on the specific circumstances of each situation.
A DLSE wage claim may make sense when
- The claim is relatively straightforward and the amount in dispute is modest;
- You have relevant pay stubs, schedules, time records, or other proof;
- You want an administrative process without filing fees; or
- You need a practical forum to pursue unpaid wages without full civil litigation.
The Labor Commissioner generally investigates the claim, usually schedules a settlement conference, and may later hold a hearing. California allows wage claims to be filed online, by email, mail, or in person. The agency encourages workers to provide the employer’s information, pay records, and a record of hours worked. Learn about filing a wage claim with the California Labor Commissioner.
A court case may make more sense when
- The employer disputes the hours worked, exemption status, commissions, or reason for nonpayment;
- Internal emails, payroll records, policies, or witness testimony are likely to be important;
- The matter involves a substantial amount, multiple employees, retaliation, or related employment claims; or
- You need civil discovery, including document demands and depositions, to prove the case.
Litigation can provide stronger discovery tools, but it also takes more time, expense, and client participation. A realistic evaluation should compare the likely of significant recovery with the cost, delay, evidence, and risks of each option.
Do Not Wait: Deadlines Can Be Short
Many California wage and overtime claims have a three-year limitations period. Other deadlines may be one, two, or four years depending on the claim, agreement, penalty, and forum. A court action may sometimes allow restitution for a longer period under California’s unfair-competition law, but that does not make every claim timely. Prompt review is important—especially if the employment ended, pay records are missing, or the employer is closing or selling the business.
What to Save Before You Contact a Lawyer
Do not alter company records or take documents you are not entitled to possess. Preserve copies of materials you lawfully have access to, including:
- Pay stubs, W-2s/1099s, direct-deposit records, and final-paycheck information;
- Timesheets, schedules, calendar entries, and your own contemporaneous log of actual hours;
- Employment offer letters, commission plans, handbooks, and written pay policies;
- Texts and emails about hours, pay, commission, timekeeping, or work performed off the clock; and
- Names of coworkers who observed the work or had similar pay issues.
Write a short timeline now: when you worked, how you were paid, what you believe is missing and how you calculated that amount, who you notified, and what the employer said in response.
How We Evaluate a Case For Unpaid Wages
During the consultation, we focus on the questions that change the strategy:
- What pay and time records exist to prove your claim?
- What exactly did you do each day, and how was your time tracked?
- Is the issue of not being paid correctly isolated or part of a company-wide practice?
- What is the likely amount of wages and penalties owed to you?
- Is a wage claim with the Labor Commissioner, a lawsuit, or an early settlement demand the best next step in your case?
You will leave with a clearer assessment of the claim’s strengths, weaknesses, deadlines, evidence to preserve, and next steps. Contact our office to discuss your potential claim for unpaid wages and overtime.