If you think you were not paid correctly, California gives you free ways to raise it. This article explains, in general terms, the basic rules on overtime, breaks, minimum wage and final pay, and how a wage claim with the California Labor Commissioner generally works. It is general information. Filing a claim does not guarantee any result.

The basic rules

Overtime

For most hourly workers 18 and older, California generally requires (Labor Commissioner: Overtime):

  • Time and a half for hours over 8 and up to 12 in a workday, hours over 40 in a workweek, and the first 8 hours on a seventh day in a row.
  • Double time for hours over 12 in a workday, and hours over 8 on a seventh day in a row.

Meal and rest breaks

  • A meal period of at least 30 minutes, off duty, when you work more than 5 hours, and a second one when you work more than 10 hours (Labor Commissioner: Meal periods).
  • A paid 10 minute rest break for every 4 hours worked, or major fraction of 4 hours (Labor Commissioner: Rest periods).
  • When a required meal or rest break is not provided, the law generally calls for one extra hour of pay at your regular rate for that workday.

Minimum wage

When state and local minimum wages differ, the employer generally follows the higher one (Labor Commissioner: Minimum wage).

Final pay

When a job ends, the timing of the last paycheck generally depends on how it ended (Labor Commissioner: Final pay):

  • Fired or laid off: generally due right away, at the place you were let go.
  • Quit with at least 72 hours notice: generally due on your last day.
  • Quit without notice: generally due within 72 hours. You can ask for it by mail.

Unused vacation is generally included, at your final rate of pay (Labor Commissioner: Vacation). Unused sick leave does not have to be paid out. If an employer willfully pays final wages late, a penalty of up to 30 days of wages may apply (Labor Commissioner: Final pay). Our unpaid wages guide covers these rules in more detail.

Where to report it

  • California Labor Commissioner (wage claims): for individual claims about unpaid wages, overtime, break pay, final pay and vacation pay, anywhere in California. File online, by email, by mail or in person (How to file a wage claim).
  • Labor Commissioner, Bureau of Field Enforcement: for violations affecting a group of workers. This is a separate report, not a wage claim (Report a violation).
  • City of Los Angeles, Wages LA: for the city minimum wage, paid sick leave and the Fair Work Week rules for retail workers, for work inside city limits (Wages LA complaints).
  • LA County Department of Consumer and Business Affairs (DCBA): for the county minimum wage and the county Fair Workweek rules, for work in unincorporated areas. Fair Workweek complaints can be made by phone at 800-593-8222 (DCBA: Fair Workweek).

How a wage claim generally works

Filing a wage claim with the Labor Commissioner

  1. Step 1: Gather what you have

    Time records, pay stubs, notes on hours and breaks. Send copies, never originals. Your employer is required to keep pay records, so you do not need perfect records of your own.

  2. Step 2: File the claim

    Online, by email, by mail or in person. If your hours varied, there is a separate form for that (DLSE 55).

  3. Step 3: Go to the settlement conference

    You get a notice by mail. A deputy labor commissioner meets with both sides to see if they can agree.

  4. Step 4: Go to the hearing, if needed

    If there is no agreement, there is a hearing. It is recorded and testimony is under oath. Bring three sets of copies of your documents.

  5. Step 5: Watch for the decision

    The decision usually comes about 15 days after the hearing. Follow the appeal deadline printed on it.

These steps come from the Labor Commissioner's pages on supporting documents, the settlement conference, the hearing and after the hearing. If neither side appeals, the decision can become a court judgment.

If you were punished after raising a pay problem, that may be a separate retaliation issue. Our retaliation guide explains how that generally works.