|
|
Last
Modified on
May 01, 2026
Workers in California are entitled to receive a minimum amount of wages based on the hours they work. If your wages or hours have been violated by your employer, it’s vital to know how to file a wage claim in California. To start, you need to contratar a un abogado laboralista to explain your rights and whether you have a case.
Hire an Employment Lawyer With Years of Experience
When it comes to your rights as an employee, you should never dismiss or downplay violations you’ve experienced. Esperanza Anderson has spent 25 years advocating for the rights of California workers everywhere. She doesn’t allow her clients to be steamrolled by giant companies.
Her goal is to provide empathetic and fiercely protective legal services to every new client who comes into her office. During your case, you work directly and exclusively with her, helping you to feel empowered throughout legal proceedings.
Common Wage and Hour Cases in California
In 2023, 17,592,434 people were working throughout California. That same year, some of the top job industries included restaurants and food services, construction, and elementary and secondary schools. Major employers in the state include NASA, Sony Pictures, UCLA, the University of California, Walt Disney, and Intel.
No matter what your industry is, you have rights as an employee living in California. However, oftentimes these rights are violated by employers. Wage and hour theft can look like:
- Not being allowed to take meals or rest periods. In 2024, 18% of workers in California reported being required to work off-the-clock at least once that year.
- Receiving a bounced paycheck from your employer
- Being denied access to your personnel files and payroll
- Not being paid your agreed-upon wages. In 2024, 8% of workers in California reported not being paid for all the hours they worked
- Not being allowed to use your sick days or accrued time off
- Not being paid a promised bonus
- Being paid below minimum wage. In 2024, 7% of workers in California reported being paid less than minimum wage.
- Having your money deducted from your paycheck without your explicit consent
3 Key Steps to File a Wage Claim in California
To pursue a wage claim after having your rights violated, you should:
- Seek legal counsel from Ms. Anderson at Esperanza Anderson. She can listen to the unique details of your situation and offer transparent legal advice. Using this knowledge, you can make informed decisions about what you want to do next in your case.
- File a wage claim at your nearest Labor Commissioner’s office. The amount of time you have to file your claim depends on the type of violation you were a victim of.You have one year to file if you weren’t allowed access to your payroll or personnel files, as well as if you received a bounced check.
You have two years to file if you received an oral promise to be paid more than minimum wage and weren’t.
You have three years to file if you experienced a violation regarding your rest and meal breaks, overtime, minimum wage, unpaid work reimbursements, illegal deductions from your paycheck, or violations regarding sick leave.
You have four years to file if you experienced a violation regarding a written contract.
- Collect evidence to prove the violation happened. This can vary depending on the type of violation, but can include written communication between you and your employer, surveillance footage of the incident, copies of your personnel files and paystubs, copies of your work contract and other official documents, and eyewitness testimony from your coworkers, especially if they experienced similar violations.
Once your claim is filed, the Labor Commissioner’s office investigates the matter and schedules a settlement meeting between you, your attorney, and your employer to discuss a resolution.
Preguntas frecuentes
Can I Get Fired for Filing a Wage Claim in California?
You cannot get fired for filing a wage claim in California. This is considered a protected act. If you are fired, it may be considered despido improcedente, and you should contact an attorney to understand if you can pursue a case against your employer. To prove that you were wrongfully terminated, you need to gather concrete evidence that your termination was directly linked to your filing a wage claim.
What Is the Minimum Wage for California Workers?
In 2026, the minimum wage for California workers is $16,90 por hora. However, certain jobs have a higher minimum wage. Those working in fast food restaurants must be paid at least $20 per hour. Certain health care workers in California also must be paid a higher minimum wage. If your employer pays you less than minimum wage, it is unlawful, and you may be able to file a claim against them.
What Should I Do if I Get Harassed After Filing a Wage Claim in California?
If you get harassed by your coworkers, supervisors, or employer after filing a wage claim in California, you should consult with a lawyer to understand if you can pursue a retaliation claim. Retaliation is an act committed by perpetrators after you exercise your legal rights as a worker in California, such as filing a wage claim. Represalias can include harassment, discrimination, bullying, being ignored, being demoted, having your hours cut, being denied medical leave, job transfers, or promotions, and more.
What Happens if My Boss Doesn’t Pay Me My Wages?
If your boss doesn’t pay you your wages, they may face legal consequences. If this is the first time this has happened, they owe the violated employee $100. If the violation was on purpose, and for future violations, the employer has to pay the violated employee $200 and 25% of the unpaid wages. To pursue the compensation you worked for but were not paid, seek legal counsel to navigate the next steps in your case.
Esperanza Anderson Is Here for You
Located in Pasadena as a part of Los Angeles County, Esperanza Anderson is dedicated to protecting her neighbors and community members during their most difficult times in life. Póngase en contacto con nuestra oficina to schedule a confidential consultation and learn how we can assist you in your unique case. We also provide bilingual services to clients who feel more comfortable communicating in Spanish.
EN