How to File a Wage and Hour Claim in California

If an employer is not paying you what you deserve for the time you have worked, you need to know how to file a wage and hour claim in California. To succeed with a claim, it is important to understand the legal avenues and laws that may give you grounds to file one. The California Labor Commissioner’s Office provides a way for employees to file claims against their employer or company for withholding their wages.

It can feel intimidating to speak up in the workplace when you have been wronged for many reasons. A common and understandable one is the fear of putting your job security in jeopardy. However, multiple state and federal laws protect you as an employee from having your wages withheld.

Wage Laws in California

California has many state-level laws regarding wages, such as what the minimum wage amount is and the timeframe in which an employee must be paid.

Although there are exceptions to this general principle, it is typically required for employees to be paid at least twice within each calendar month. There are also specific timeframes in which overtime wages must be paid and a discharged employee must be paid their final due wages. These laws established other regulations requiring payment for specific types of employees.

As of 2025, the minimum wage requirement in California is $16.50 per hour for all employees. Although an employer may choose to pay their employees more than this, they may not offer an employee less than that required amount.

Steps for Filing a Claim

Because it can feel intimidating to file a legal claim against your employer, it can be helpful to know the steps you will need to take ahead of time.

In California, wage and hour claims are filed with the Labor Commissioner’s Office. You can begin filing your claim either online at their website or in person at their office. You should provide as much personal information as you can about yourself and your situation, along with information about your employer. This can assist the Labor Commissioner’s Office in pursuing the appropriate course of action.

When filing your claim, you may be asked for specific documentation. This can include payment records and other information about the hours and dates you worked. You may also be asked to provide paychecks, paystubs, bounced paychecks, and any other form of evidence that shows a lack of due payment. Additionally, provide a copy of an employment contract that states the payment agreement that you and your employer have previously agreed upon.

Once your claim is filed by using the appropriate paperwork, the Labor Commissioner’s Office will investigate your claim. You may then be asked to participate in a meeting with your employer, in which the issues may be resolved. If you and your employer cannot find a solution, you may be required to attend a formal hearing.

It is ideal to have an attorney with you during these processes. They can provide advice and representation while fighting for your due payment.

FAQs

Can I Sue My Employer for Not Paying Me Correctly in California?

If they have illegally withheld your pay, you can legally file a claim against your employer to obtain compensation. The California Labor Commissioner’s Office allows employees to file claims for wage violations. You may be required to share certain information about yourself, such as your name and that of your company. Additional information may also be needed, including your employer’s address and contact information.

How Long Do I Have to File a Wage Claim in California?

How long you have to file a wage claim in California will vary, depending on the particular action you are filing against. In some cases, such as if a check has bounced, you may have only one year to file. In other cases, such as breaches of a written contract, you may have up to four years to file. An experienced lawyer can determine the timeframe in which you need to file.

What Can I Do If My Employer Has Not Paid Me Yet?

If your employer has not paid you within the appropriate timeframe, they may face a variety of penalties. One of the first steps you can take is to file a claim with the Labor Commissioner’s Office. You may either file this claim online or in person. It can be helpful to include information such as:

• The dates that you have worked
• How long you have not received payment for your work
• Your pay rates
• The specific payment amounts you are owed

Can You Anonymously Report a Business to the Wage Board?

In many cases, you can anonymously report a business to the California Labor Commissioner’s Office. However, failing to provide personal information about yourself could prevent an investigation from taking place or hinder it from reaching its full potential. It could also keep you from receiving the payments or benefits you rightfully deserve. If you are worried about protecting your job, an experienced lawyer can represent you while filing a claim.

Asbill Law Group: Your Wage and Hour Lawyers

If your wages have been illegally withheld from you, it is important to find legal assistance right away. These cases can be time-sensitive; if you do not file a claim within a certain time period, you may be unable to recover any compensation or benefits. It can be difficult to file a claim on your own, but an experienced lawyer can guide and represent you through the process with ease.

At Asbill Law Group, we understand the fears and anxieties that come with filing a wage complaint against your company or employer. You may fear losing your job or being demoted. However, we can defend your job security as well as your right to be paid accurately and on time. Our team can assist you with filing a claim, represent your interests, and pursue the payments you are owed. Contact us today to learn more about your rights as an employee.