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Unpaid wages in California: what the law says

My employer owes me wages

State law

What the statute says

Final pay after being fired
0 days
Final pay after quitting
3 days
Final pay detail
Discharge: wages earned and unpaid are 'due and payable immediately' at the time of discharge (Lab. Code 201(a)) - i.e. 0 days. Quit without notice: due 'not later than 72 hours thereafter' (Lab. Code 202(a)) - encoded as 3 days. Quit WITH at least 72 hours' advance notice: due at the time of quitting (0 days).
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Layoffs/seasonal and certain industries (motion picture, oil drilling, live theatrical, agriculture) have separate rules in Lab. Code 201.3-201.9 that are not reflected in these two numbers.

Penalty for paying late
Lab. Code 203(a): if an employer WILLFULLY fails to pay per sections 201/201.3/201.5/201.6/201.8/201.9/202/205.5, 'the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30…
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days.' Per the DLSE FAQ, no penalty accrues where there is a good-faith dispute over the amount owed.

State minimum wage
$16.90 / hour
Overtime beyond federal law
Yes - stronger than the FLSA. Lab. Code 510: 1.5x the regular rate for work over 8 hours in one workday (and over 40 in a workweek); 2x for work over 12 hours in one day; and 2x for work over 8 hours on the seventh day of a workweek. Daily overtime and seventh-day double time have no FLSA equivalent.
Liquidated damages
Lab. Code 1194.2: for minimum wage violations, an employee may recover liquidated damages in 'an amount equal to the wages unlawfully unpaid and interest thereon' (i.e. 100%).
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The court/Labor Commissioner may reduce or deny the award if the employer proves the violation was in good faith with reasonable grounds for believing it complied. Note this covers MINIMUM WAGE underpayment; it is not a general doubling for all unpaid-wage claims (overtime-only claims are separately remedied, and late final pay is remedied by the sec. 203 waiting time penalty).

Time limit to sue
3 years

Read this before relying on the numbers above

The $16.90 figure is the statewide floor. A number of California cities and counties set a higher minimum wage of their own, including Los Angeles, San Francisco, San Jose, Emeryville and West Hollywood. California also sets separate, higher minimums for fast food workers and for health care facility workers. If you worked in one of those places or in one of those industries, your hourly floor was above the state rate.

The three-year deadline covers the core wage claims: minimum wage, overtime, meal and rest premiums, sick leave, illegal deductions and unreimbursed expenses. Other theories run on their own clocks. It is four years to sue on a written contract, two years on an oral promise to pay above minimum wage, and one year for certain penalties. Which clock applies depends on what you are claiming.

Read it yourself

Official sources. If a number below matters to your case, open the statute and read it — laws get amended, and cities often stack stricter local rules on top.

Last checked: 2026-08-17

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Jab Today is not a law firm and this is not legal advice. This page describes how the statutes read, which is a different thing from what will happen in your case. Laws are amended and local ordinances often add stricter rules. For advice about your situation, consult a licensed attorney in your state.