Can You Sue for Unpaid Wages?

If you’re an employee in California and have not been paid for work you performed, you may have experienced a violation of wage and hour laws. If so, you have the right to take legal action against your employer. California labor laws are among the most employee-friendly in the U.S., providing workers with protections when it comes to improperly paid overtime wages, an unpaid wages lawsuit, or other unpaid wage disputes. Lawyers for Justice, PC (LFJ) if an employment lawyer law firm that helps California workers recover what’s rightfully theirs.

Can You Sue A Company For Not Paying You?

In California, both state and federal laws govern wage and hour issues. Under the California Labor Code and the Fair Labor Standards Act (FLSA), employees are entitled to be paid for all hours worked, including overtime, at minimum wage, or a rate specified in an employment contract. If an employer fails to pay these wages, you can file a claim against them.

Wage Theft Lawsuit

Before you can sue a company for unpaid wages, it’s important to understand the legal requirements you must meet. The process for filing a claim can be handled either through the California Labor Commissioner’s Office or directly through a civil lawsuit.

Here’s a breakdown of the legal requirements and steps necessary to pursue an unpaid wage claim:

1. Eligibility

First, you need to establish that you are an employee. Independent contractors are not generally entitled to wage protections under the California Labor Code, although misclassified workers can file a claim arguing they were employees, not contractors. To be eligible for a wage claim, you must have been performing work for your employer and not been paid properly.

2. Statute of Limitations

There are strict deadlines for filing wage claims, known as statutes of limitations:

• For unpaid wages, overtime, meal or rest break violations, and minimum wage violations, you generally have three years from the date the wages were due to file a claim.
• If the wage claim is based on a written contract, such as an employment agreement, you may have up to four years to file a claim.
• For penalties, such as waiting time penalties for late payment of wages, you also may have up to three years to file a claim.

3. Exhaust Administrative Remedies

Before filing a lawsuit, California employees are encouraged (though not required) to file a claim with the California Labor Commissioner’s Office, which oversees the Division of Labor Standards Enforcement (DLSE). This process is often quicker and less expensive than going to court, and the Labor Commissioner’s Office can conduct an investigation to determine if your employer owes you wages. Filing with the DLSE can help you recover unpaid wages, interest, and penalties.

4. Document Your Claim

The more evidence you can provide, the stronger your claim. Gather documents like:

• Pay stubs
• Time records
• Work schedules
• Employment contracts
• Emails or other communications with your employer regarding pay disputes

Having detailed records will help substantiate your claim and make it easier for the Labor Commissioner or a court to determine the amount of wages owed to you.

5. Filing a Claim with the Labor Commissioner

The California Labor Commissioner offers a simple process for employees to file wage claims. You can submit a Wage Claim Form detailing the hours you worked and the amount you were not paid. After filing, the Labor Commissioner’s Office could schedule a settlement conference where both you and your employer have the chance to resolve the dispute. If the issue isn’t resolved, a hearing will typically be scheduled, where evidence can be presented, and a decision will be made regarding the wages owed.

6. Filing a Missing Wages Lawsuit

If not filing with the Labor Commissioner, you can file a lawsuit in a California court with an employment attorney from Lawyers for Justice, PC (LFJ). A lawsuit can be a powerful way to recover:

• Unpaid wages
• Interest
• Penalties

What Damages Can You Recover in an Unpaid Wage Claim?

If you successfully prove your case, you could recover the following types of compensation:

• Unpaid Wages: This includes any back pay for hours worked but not paid, including unpaid overtime or minimum wage violations.
• Penalties: You may also recover penalties under California law. One common penalty is the waiting time penalty, which requires an employer to pay the employee’s daily wage for each day that wages remain unpaid, up to a maximum of 30 days. This penalty applies if your employer willfully fails to pay wages when you leave or are terminated.

Common Wage Claim Violations in California

Here are some common wage violations that may lead to unpaid wage claims in California:

• Failure to pay minimum wage: In 2024, California’s minimum wage was $16 per hour. Employers must pay at least this amount for all hours worked.
• Unpaid overtime: Employers must pay overtime for any hours worked beyond 8 in a day or 40 in a week, typically at 1.5 times the regular rate of pay.
• Misclassification: Classifying employees as exempt from overtime or as independent contractors to avoid paying wages and benefits is a common issue.
• Denial of breaks: Employees are entitled to meal and rest breaks, and if denied, they must be compensated for missed breaks.

What To Do If Your Employer Doesn’t Pay You? – FAQ 

how long until you can sue a company for not paying you? Typically, you have to file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years. However, there are strict unpaid wages deadlines. Call LFJ to see if your unique situation may be different.

what to do if your employer doesn’t pay you? You can file an unpaid wages claim with the Labor Commissioner’s office. Similarly, you can reach out to LFJ to help you recover unpaid overtime pay and other infractions of wage laws.

what kind of lawyer do i need to sue an employer? An employment lawyer understands state or federal laws that may apply to your unique workplace situation. Lawyers for Justice, PC has a team of over 25 employment lawyers that help California workers get what they are owed.

how much can you sue a company for not paying you? It depends on the type of employment law that was broken, how long the issue persisted, and various other issues. For a free consultation on your case, reach out to Lawyers for Justice, PC today.

my employer didn’t pay me what can i do? You can file a wage claim, which would typically be sent to your employer and put pressure on them to pay you properly.

how can i sue my employer? If you’re looking for legal recourse and want to file an unpaid wages lawsuit, the experienced employment lawyer team at Lawyers for Justice, PC can provide insight on if you need to sue your employer for unpaid wages. LFJ offers FREE consultations.

can i sue my employer for not paying me correctly? Any California employee can sue for unpaid wages if they have not been paid properly, according to the California’s labor laws.

how long does an employer have to pay you after payday in california? Think you may have an unpaid wages claim? Remember that work performed between the 1st and 15th days of a calendar month must typically be paid between the 16th and the 26th day of that same month. Work performed between the 16th and the last day of a calendar month, must usually be paid between the 1st and 10th day of the following month.

how to sue for unpaid wages? Reaching out to the attorney team at LFJ for a free consultation does not cost you anything. You’ll also get a better understanding of your case and options. Lawyers for Justice, PC does not take any up-front fees; they are only paid when they win your case.

how to file a wage claim in california? If you think you have have experienced a violation of minimum wage and overtime laws, you can file a claim with the Labor Commissioner’s office. The California Department of Industrial Relations outlines the best approach to take on how to file a wage claim in California.

what can i do if my employer doesn’t pay me on time? If your paycheck is late in California, you have several options. Read our article on late paychecks here.

what happens if my employer doesn’t pay me on time? You could be owed waiting time penalties for each day the pay is not received, up to a certain number of days.

what kind of lawyer do i need for unpaid wages? An employment law attorney can help recover unpaid wages.

can you sue for being paid under minimum wage? If you’re not being paid the proper minimum wage in California, you can file a complaint with the Department of Labor’s Wage and Hour Division. If your employer violated the law, you might be entitled to collect back pay, which is the compensation you would have earned if you had been paid the correct minimum wage.

how to sue for wage theft? If you have experienced wage theft, you can file a wage claim with the Labor Commissioner’s Office by email, mail, or even in person. Workers in California have the right to file a wage claim when their employers do not pay them at least minimum wage, or benefits they are owed.