California Unpaid Wages Overtime Demand Letters
California provides some of the most robust wage and hour protections for workers in the United States. If your employer has failed to pay you properly, California law not only entitles you to recover the unpaid wages but also provides for substantial penalties and attorney’s fees that make it economically viable to pursue even relatively small claims.
Core California wage and hour protections:
- Minimum wage: California state minimum wage (currently higher than federal), plus even higher local minimum wages in cities like San Francisco, Los Angeles, and others
- Daily overtime: 1.5× regular rate for hours over 8 in a day; 2× regular rate for hours over 12 in a day
- Weekly overtime: 1.5× regular rate for hours over 40 in a workweek (in addition to daily overtime)
- Seventh-day overtime: 1.5× for first 8 hours on seventh consecutive workday; 2× for hours over 8 on seventh day
- Meal and rest breaks: 30-minute meal break for shifts over 5 hours; 10-minute rest break for every 4 hours worked; one hour of pay as premium for each missed break
- Waiting time penalties: If employer willfully fails to pay all wages due at termination, employee gets one day of pay as penalty for each day wages remain unpaid (up to 30 days)
- Accurate wage statements: Itemized statements required showing hours, rates, deductions, and dates
- Private Attorneys General Act (PAGA): Employees can bring representative actions for Labor Code violations and collect penalties
California’s statewide minimum wage is higher than the federal minimum and increases annually. Additionally, many cities and counties have enacted even higher local minimum wages that apply to employers operating in those jurisdictions.
| Jurisdiction | Minimum Wage (2024-2025) | Notes |
|---|---|---|
| California Statewide | $16.00/hour (effective 1/1/2024) | Applies to all employers regardless of size. Scheduled to increase annually based on inflation. |
| San Francisco | $18.07/hour (effective 7/1/2024) | Applies to all work performed in SF. Adjusted annually for inflation. |
| Los Angeles City | $16.78/hour (effective 7/1/2024) | Applies to work performed within city limits. |
| Berkeley | $18.07/hour (effective 7/1/2024) | Tied to regional CPI adjustments. |
| Oakland | $16.50/hour (effective 1/1/2024) | Annual increases based on CPI. |
| San Diego | $16.85/hour (effective 1/1/2024) | Applies to work performed in city. |
California’s overtime laws are among the most pro-worker in the nation. Unlike federal law (which only requires overtime for hours over 40 per week), California requires daily overtime and has special rules for long shifts and seventh-day work.
Trigger: More than 8 hours in a workday
Rate: 1.5 times your regular rate of pay
Example: You work 10 hours in a day at $20/hour. You’re owed $20/hour for the first 8 hours ($160) plus $30/hour for the 2 overtime hours ($60) = $220 total.
Trigger: More than 12 hours in a workday
Rate: 2 times your regular rate of pay
Example: You work 14 hours at $20/hour. First 8 hours at $20 ($160), next 4 hours at $30 ($120), last 2 hours at $40 ($80) = $360 total.
Trigger: More than 40 hours in a workweek
Rate: 1.5 times regular rate (no pyramiding with daily OT)
Note: You don’t get double-paid for hours that already qualify for daily overtime. The weekly overtime captures hours 1-8 each day that exceed 40 in the week.
Trigger: Working 7 consecutive days in a workweek
Rate: 1.5× for first 8 hours on seventh day; 2× for hours over 8 on seventh day
Note: This applies even if you didn’t hit 40 hours for the week.
California Labor Code §§ 226.7 and 512 require employers to provide meal and rest breaks. If the employer fails to provide these breaks, the employee is entitled to one additional hour of pay at their regular rate for each day a break was missed.
Meal break requirements:
- First meal break: 30 minutes, uninterrupted and duty-free, for shifts over 5 hours
- Second meal break: 30 minutes for shifts over 10 hours
- Timing: First meal break must start before the end of the 5th hour; second must start before the end of the 10th hour
- Waiver: Employee can waive first meal break if shift is 6 hours or less; can waive second if shift is 12 hours or less and first was not waived
Rest break requirements:
- Frequency: 10-minute rest break for every 4 hours worked (or major fraction thereof)
- Paid: Rest breaks must be paid (employer cannot require clocking out)
- Timing: Should be in the middle of each work period to the extent practicable
Premium for missed breaks:
If your employer:
- Doesn’t provide a meal or rest break
- Provides a break that’s too short
- Requires you to work through your break or remain on-call
- Doesn’t allow a break to start on time
You are entitled to one hour of pay at your regular rate for that day. This is in addition to the wages you were already paid for working through the break.
If you were terminated (fired or quit) and your employer did not pay all wages due at the time of separation, California Labor Code § 203 imposes a penalty of one day’s wages for each day the wages remain unpaid, up to a maximum of 30 days.
When waiting time penalties apply:
- Termination: Employee was fired—wages must be paid immediately
- Resignation with notice: Employee gave at least 72 hours notice—wages must be paid on last day of work
- Resignation without notice: Wages must be paid within 72 hours of resignation
- “Willful” failure to pay: Employer intentionally or knowingly failed to pay all wages due (not just an innocent mistake)
What counts as “wages due”:
- Unpaid regular wages for hours worked
- Unpaid overtime
- Accrued vacation time (California treats vacation as earned wages that must be paid out at termination)
- Unpaid commissions for work performed before termination
- Unpaid bonuses that were already earned
How to trigger waiting time penalties:
- Document the date and manner of your termination
- Calculate all wages that should have been paid (including unused vacation)
- If employer doesn’t pay within the statutory deadline, waiting time penalties begin accruing automatically
- Penalties continue until paid, up to 30 days maximum
California employers must provide itemized wage statements (pay stubs) showing specific information. Failure to provide accurate wage statements triggers penalties of $50 for the first violation and $100 for each subsequent violation, up to $4,000 per employee.
Required information on wage statements:
- Gross wages earned
- Total hours worked (for non-exempt employees)
- Number of piece-rate units earned and applicable rates (if applicable)
- All deductions (must be itemized)
- Net wages earned
- Inclusive dates of the pay period
- Employee’s name and last four digits of SSN or employee ID
- Name and address of employer
- All applicable hourly rates and corresponding hours worked at each rate
Before sending a demand letter, you need to calculate how much your employer owes you. This requires gathering your records, reconstructing your hours worked, and applying California’s wage and overtime rules. The more precise your calculation, the more credible your demand will be.
Step-by-step calculation process:
- Determine Your Employment Status: Are you non-exempt (entitled to overtime) or exempt (not entitled to overtime)? Many employees are misclassified as exempt when they don’t meet the legal requirements.
- Calculate Your Regular Rate: This is your hourly rate plus any nondiscretionary bonuses, commissions, and shift differentials, divided by total hours. This is the base for calculating overtime premiums.
- Reconstruct Your Hours: For each pay period in question, determine: (a) total hours worked each day, (b) whether you received meal/rest breaks, (c) total hours for the week.
- Calculate Unpaid Overtime: Apply California’s daily OT rules (over 8 hours = 1.5×; over 12 hours = 2×), weekly OT rules (over 40 = 1.5×), and seventh-day rules.
- Calculate Meal/Rest Break Premiums: One hour of pay for each day a meal or rest break was missed or noncompliant.
- Calculate Waiting Time Penalties: If you were terminated and wages weren’t paid timely, calculate daily wage × days unpaid (max 30).
Many California employers misclassify employees as “exempt” from overtime to avoid paying time-and-a-half. Just because you’re paid a salary or have a “manager” title doesn’t mean you’re exempt. California has strict requirements for exemptions.
Requirements for exempt status in California:
| Exemption Type | Duties Test | Salary Threshold (2024) |
|---|---|---|
| Executive Exemption | Manages enterprise or department; supervises 2+ employees; has authority to hire/fire or make recommendations given particular weight | $66,560/year ($5,546.67/month) for employers with 26+ employees |
| Administrative Exemption | Performs office/non-manual work directly related to management/business operations; exercises discretion and independent judgment on significant matters | $66,560/year ($5,546.67/month) for employers with 26+ employees |
| Professional Exemption | Work requiring advanced knowledge in a field of science or learning; customarily acquired by prolonged specialized instruction (lawyers, doctors, engineers, etc.) | $66,560/year ($5,546.67/month) for employers with 26+ employees |
| Computer Professional | Systems analyst, programmer, software engineer duties; creates or modifies computer systems/programs | $112,065.20/year ($9,338.77/month) OR $53.80/hour (if paid hourly) |
Red flags that you’re misclassified:
- You have a manager title but don’t actually supervise anyone or have hiring/firing authority
- You’re paid a salary but it’s below the legal threshold
- Your actual job duties are the same as hourly workers (retail sales, customer service, manual labor)
- You don’t exercise discretion or independent judgment—you follow specific procedures or scripts
- Your “salary” gets reduced if you miss time (true salary can’t be docked for partial-day absences)
Your overtime rate is based on your “regular rate,” which is NOT necessarily your base hourly rate. California law requires including certain forms of compensation in the regular rate calculation, which increases your overtime premium.
What gets included in regular rate:
- Base hourly wage: Your stated hourly rate
- Nondiscretionary bonuses: Production bonuses, attendance bonuses, sales commissions based on formula
- Shift differentials: Extra pay for night shift, weekend shift, etc.
- Piece-rate or commission: If paid per unit or commission, this must be factored into regular rate
What does NOT get included:
- Discretionary bonuses (employer decides amount and criteria)
- Gifts and special occasion bonuses
- Reimbursement for expenses
- Premium pay for hours outside regular schedule (if employer designates specific premiums as excludable)
Scenario: You work 50 hours in a week at $20/hour base rate. You also earned a $200 production bonus that week.
Incorrect calculation (what employer might do):
- 40 hours at $20 = $800
- 10 OT hours at $30 (1.5 × $20) = $300
- Plus $200 bonus = $1,300 total
Correct calculation:
- Regular rate = ($1,000 base + $200 bonus) / 50 hours = $24/hour
- First 40 hours at $24 = $960
- 10 OT hours at $36 (1.5 × $24) = $360
- Total owed: $1,320
- Underpayment: $20
This may seem small, but multiply by 52 weeks and add waiting time penalties, and it becomes significant.
Many California employers require or permit employees to work off-the-clock—before clocking in, after clocking out, through meal breaks, or from home. All time that the employer “suffered or permitted” you to work must be compensated, even if you weren’t explicitly told to clock in.
Common types of unpaid off-the-clock work:
| Type of Work | Is It Compensable? | How to Document |
|---|---|---|
| Pre-shift work | YES – Setting up equipment, booting computers, putting on required uniforms, safety checks | Note arrival time vs clock-in time; describe tasks performed before clocking in |
| Post-shift work | YES – Closing procedures, cleaning, securing premises, completing paperwork | Note clock-out time vs actual departure; describe tasks after clocking out |
| Working through meal breaks | YES – If you worked through break or were interrupted/on-call, you’re entitled to pay for the time PLUS one hour premium for missed break | Note days when you ate at your desk, answered calls/emails during break, or were interrupted by manager |
| Off-site work | YES – Answering work emails/calls from home, preparing reports at home, attending off-site meetings | Check sent emails, call logs, text messages showing after-hours work |
| Travel time | MAYBE – Travel from home to work is not compensable; travel between job sites during the day IS compensable | Note any required travel to multiple locations, off-site meetings, or errands for employer during work hours |
| Mandatory meetings/training | YES – If employer requires attendance, it’s compensable time even if outside normal schedule | Calendar invites, meeting notices, training attendance records |
| Auto-deducted meal breaks | YES (if you worked) – If time system automatically deducts 30 min for meal but you worked through it, you’re owed that time plus premium | Compare time records to actual practice; note pattern of working through “breaks” |
Use this format to organize your wage claim. Create a table like this for each pay period where you were underpaid:
Pay Period: March 3-9, 2024
Employee: Jane Doe, Shift Manager
Base Rate: $22/hour
Hours Worked (Actual vs Paid):
| Date | Hours Worked | Hours Paid | Meal Break Provided? |
|---|---|---|---|
| Mon 3/3 | 9 hours | 8 hours | No |
| Tue 3/4 | 10 hours | 8 hours | No |
| Wed 3/5 | 9 hours | 8 hours | No |
| Thu 3/6 | 10 hours | 8 hours | No |
| Fri 3/7 | 9 hours | 8 hours | No |
| TOTAL | 47 hours | 40 hours | 0/5 provided |
What You’re Owed:
- Unpaid regular hours: 7 hours × $22 = $154
- Unpaid daily overtime: 7 hours × $11 (half-time premium) = $77
- Meal break premiums: 5 days × $22 = $110
- Total owed for this week: $341
Multiply this by the number of weeks you worked under these conditions to get your total claim.
A California wage and overtime demand letter should be detailed, well-organized, and grounded in specific Labor Code sections. Your goal is to show the employer (and their attorney/HR) that you have a strong, well-documented claim and that fighting it will cost them more in penalties and attorney’s fees than settling.
Core structure of your demand letter:
- Opening and Identification: Your name, position, dates of employment, and a clear statement that you are demanding payment of unpaid wages under California Labor Code.
- Employment Details: Job title, duties, pay structure (hourly/salary), actual pay rate, and whether you were classified as exempt or non-exempt.
- Legal Violations: Cite specific Labor Code sections violated (unpaid OT, missed breaks, minimum wage, waiting time, etc.). Explain briefly why each violation applies to your situation.
- Detailed Calculation: Provide a clear breakdown of what you’re owed: unpaid wages, overtime premiums, meal/rest break premiums, waiting time penalties. Use tables or spreadsheets.
- Total Demand: State the total amount owed, plus a statement that you reserve the right to seek additional penalties, interest, and attorney’s fees if litigation is necessary.
- Deadline and Next Steps: Give the employer 15-30 days to respond and pay. State that if they don’t respond, you will file a DLSE claim or lawsuit (or both).
Your demand letter must include specific information to be effective. Missing key details will weaken your claim and invite the employer to dispute your calculations.
- Your full name and contact information
- Employer’s legal name and address (send to registered agent or HR department)
- Your job title and employment dates (start date, end date if terminated)
- Your pay rate and pay frequency (hourly/salary, weekly/biweekly)
- Specific pay periods or dates where underpayment occurred
- Nature of violations with Labor Code citations (e.g., “Employer violated Labor Code § 510 by failing to pay daily overtime for hours over 8 per day”)
- Calculation of damages (show your math in a clear table)
- Supporting documentation (attach pay stubs, time records, schedules, emails)
- Statement of good faith (you attempted to resolve this directly or you’re providing notice before filing with DLSE/court)
- Deadline for response (typically 15-30 days)
- Warning of additional exposure (mention PAGA, attorney’s fees, additional penalties if litigation ensues)
[Your Name]
[Your Address]
[Your Phone]
[Your Email]
[Date]
[Employer Name]
[HR Director or Owner Name]
[Employer Address]
Re: Demand for Payment of Unpaid Wages and Penalties Under California Labor Code
Dear [HR Director/Owner]:
I am writing to demand immediate payment of unpaid wages, overtime premiums, meal and rest break premiums, and statutory penalties owed to me as a result of violations of the California Labor Code during my employment with [Employer Name]. I was employed as a [Job Title] from [Start Date] to [End Date/Present], and was paid [$ per hour/salary amount] during this period.
Despite working [X] hours per week, including regular hours in excess of 8 per day and 40 per week, I was not paid overtime as required by California Labor Code § 510. Additionally, I was not provided compliant meal and rest breaks as required by Labor Code §§ 226.7 and 512, and I did not receive the required one-hour premium for each day these breaks were denied. [If applicable: I was terminated on [date] and did not receive my final paycheck until [date], triggering waiting time penalties under Labor Code § 203.]
This letter constitutes formal demand for payment of all wages and penalties owed to me under California law. Failure to pay within [15/30] days will result in my filing a claim with the California Division of Labor Standards Enforcement (DLSE) and/or filing a civil lawsuit seeking not only the unpaid wages and statutory penalties described below, but also attorney’s fees and costs as authorized by California Labor Code § 1194 and § 218.5.
CALCULATION OF WAGES AND PENALTIES OWED
1. Unpaid Overtime (Labor Code § 510)
During my employment, I regularly worked in excess of 8 hours per day and 40 hours per week, but was paid only my regular rate for all hours worked. Based on my time records and reconstructed hours (attached as Exhibit A), I am owed the following daily and weekly overtime premiums:
- Pay Period 1/1/23 – 1/15/23: 15 hours OT @ $11/hour (half-time) = $165
- Pay Period 1/16/23 – 1/31/23: 18 hours OT @ $11/hour = $198
- [Continue for all relevant pay periods]
- Total Unpaid Overtime: $8,450
2. Meal and Rest Break Premiums (Labor Code §§ 226.7, 512)
I was not provided compliant 30-minute meal breaks or 10-minute rest breaks during my employment. I am entitled to one hour of pay at my regular rate for each day a meal or rest break was not provided:
- Missed meal breaks: 120 workdays × $22/hour = $2,640
- Missed rest breaks: 120 workdays × $22/hour = $2,640
- Total Meal/Rest Break Premiums: $5,280
3. Waiting Time Penalties (Labor Code § 203)
[If applicable] I was terminated on [date] and my final paycheck (which should have included all unpaid wages and accrued vacation) was not provided until [date], a delay of [X] days. My daily rate of pay is $[amount] (8 hours × $22/hour = $176). Under Labor Code § 203, I am entitled to a penalty of one day’s wages for each day payment was delayed, up to 30 days:
- Waiting time penalty: $176/day × 30 days = $5,280
- Total Waiting Time Penalty: $5,280
4. Wage Statement Penalties (Labor Code § 226)
The wage statements provided to me during my employment failed to accurately show hours worked, overtime hours, and meal/rest break premiums as required by Labor Code § 226. Under § 226(e), I am entitled to $50 for the initial violation and $100 for each subsequent violation, up to $4,000 maximum.
- Wage Statement Penalties: $4,000
TOTAL AMOUNT OWED: $23,010
This amount does not include interest, attorney’s fees, or costs, which I reserve the right to seek if litigation becomes necessary.
One of your strongest pieces of leverage in a California wage claim is the potential for PAGA penalties and mandatory attorney’s fees. Including these warnings in your demand letter significantly increases settlement pressure.
Potential for Additional Penalties and Attorney’s Fees
I reserve the right to pursue additional civil penalties under California’s Private Attorneys General Act (PAGA), Labor Code § 2698 et seq. PAGA allows employees to bring representative actions on behalf of themselves and other similarly aggrieved employees, seeking penalties of $100 per employee per pay period for initial violations and $200 per employee per pay period for subsequent violations. Based on the systematic nature of the wage and hour violations described above and the number of employees at [Employer Name], PAGA exposure could be substantial.
Additionally, California Labor Code §§ 1194 and 218.5 provide for mandatory attorney’s fees and costs for employees who prevail in wage and hour actions. This means that if I am forced to hire an attorney and file suit, [Employer Name] will be liable not only for the unpaid wages and penalties described above, but also for my attorney’s fees and litigation costs, which can easily exceed the underlying wage claim.
I am providing this demand letter as an opportunity to resolve this matter quickly and avoid the substantial expense of litigation and PAGA exposure. I strongly encourage [Employer Name] to treat this matter seriously and respond promptly.
Sending your demand letter to the right person at the right address is critical. If you send it to the wrong place or the wrong person, the employer may claim they never received it or use the delay to their advantage.
Who to send to (in order of preference):
- HR Director or HR Department: If your employer has an HR department, send your demand to the HR Director by name (if known) or to “Human Resources Director” at the company’s principal place of business.
- Owner or Principal Officer: If it’s a small business without HR, send to the owner, president, or managing member. You can usually find this information on the Secretary of State’s business entity database.
- Registered Agent: Every California business must have a registered agent for service of process. Send a copy to the registered agent (you can find this on the California Secretary of State website) in addition to HR or the owner.
- Payroll Company (CC): If you know your employer uses an outside payroll provider (ADP, Paychex, etc.), consider CC’ing the payroll company. They sometimes have influence over the employer and may encourage settlement to avoid being dragged into litigation.
Your demand letter should be accompanied by supporting documentation that proves your hours and your calculations. The more evidence you provide upfront, the harder it is for the employer to dispute your claim.
Documents to attach as exhibits:
- Exhibit A: Time records or reconstructed hours (spreadsheet showing dates, hours worked, hours paid)
- Exhibit B: Pay stubs for the relevant period
- Exhibit C: Work schedules (if you have them)
- Exhibit D: Emails, texts, or other communications showing hours worked or instructions to work off the clock
- Exhibit E: Offer letter or employment agreement showing your pay rate
- Exhibit F: Job description (if it shows you don’t meet exempt duties test)
- Exhibit G: Any prior complaints or communications with employer about pay issues
Your demand letter should include a clear deadline for the employer to respond and pay. The deadline should be reasonable but not so long that it allows the employer to delay indefinitely.
Recommended deadlines:
- 15 days: If you’re still employed and need quick resolution, or if the amount owed is small and undisputed
- 21 days: Standard deadline that gives employer time to investigate and respond
- 30 days: If the claim is complex, involves large amounts, or you’re willing to be patient to avoid litigation
I demand payment of the full amount owed ($[X]) within [15/21/30] days of the date of this letter. If I do not receive payment in full or a substantive response proposing a reasonable payment arrangement within this timeframe, I will proceed to file a wage claim with the California Division of Labor Standards Enforcement (DLSE) and/or file a civil lawsuit seeking not only the wages and penalties described above, but also attorney’s fees, costs, interest, and any additional penalties available under California law, including PAGA penalties.
I am willing to discuss a reasonable payment plan if [Employer Name] is unable to pay the full amount immediately, but I will not agree to any waiver of my rights or reduction of the amount owed. Please contact me at [your phone] or [your email] within [X] days to arrange payment or discuss resolution.
After you send your demand letter, one of several things will happen. Understanding the likely responses will help you decide on next steps.
| Employer Response | What It Means | Your Next Step |
|---|---|---|
| Full payment within deadline | Employer agrees with your calculation and pays in full. This is the best outcome but is rare unless the amount is small or the violations are obvious. | Confirm payment received. If employer sends a release, review it carefully before signing. You may want to consult an attorney before signing away any rights. |
| Counteroffer or partial payment | Employer disputes some of your calculations but offers to pay a lesser amount. This is common and opens the door to negotiation. | Evaluate the offer. Is it reasonable given the strength of your claim? Negotiate if the gap is small. If the offer is insultingly low, reject and proceed to DLSE or attorney. |
| Request for more information | Employer asks for additional documentation or clarification of your calculations. This can be good faith or a delay tactic. | Provide the requested information if reasonable. Set a new deadline (e.g., “I will provide this information within 7 days. I expect your substantive response within 14 days thereafter”). |
| Denial of liability | Employer denies owing you anything, often claiming you were exempt, that your hours are incorrect, or that breaks were provided. | If the denial is without merit, proceed to DLSE or hire an attorney. Do not let the employer gaslight you into thinking you don’t have a claim. |
| No response | Employer ignores your letter entirely. This can mean they’re consulting counsel, they think you’ll go away, or they’re disorganized. | Send a follow-up letter. If still no response after 7-10 days, file with DLSE or consult an attorney. |
| Retaliation | Employer terminates you, reduces your hours, or otherwise retaliates for making a wage claim. This is illegal under California Labor Code § 98.6. | Document the retaliation. File a retaliation complaint with DLSE in addition to your wage claim. Consult an attorney immediately—retaliation claims can have significant value. |
If your employer doesn’t pay after receiving your demand letter, you have three main options for enforcing your claim: (1) file a wage claim with the California Division of Labor Standards Enforcement (DLSE), (2) file a civil lawsuit in court, or (3) hire an attorney to negotiate or litigate on your behalf. Each option has advantages and disadvantages.
The California Division of Labor Standards Enforcement (DLSE), also called the Labor Commissioner’s Office, provides a free, relatively informal process for employees to recover unpaid wages. You don’t need an attorney to file a DLSE claim, and the process is designed to be accessible to unrepresented workers.
Advantages of DLSE claims:
- No cost to file: The DLSE process is completely free. You don’t pay filing fees or need to hire an attorney (though you can have one if you want).
- Informal process: The hearing is less formal than court. You don’t need to know complex legal procedures or rules of evidence.
- State investigates: A deputy labor commissioner will investigate your claim, review the evidence, and make a determination. The burden is on the employer to prove they paid you correctly.
- Covers most wage claims: DLSE handles unpaid wages, unpaid overtime, meal/rest break premiums, waiting time penalties, and wage statement violations.
- Faster than court: DLSE hearings typically occur within 6-12 months of filing, which is faster than civil litigation.
Disadvantages of DLSE claims:
- Limited remedies: DLSE cannot award emotional distress damages, punitive damages (in most cases), or wrongful termination damages. You’re limited to the wage-related remedies.
- Employer can appeal to court: If the Labor Commissioner rules in your favor, the employer can appeal and force you into court anyway. This can delay payment significantly.
- No PAGA penalties: DLSE claims are individual claims. You cannot bring a PAGA representative action through DLSE.
- Overburdened system: DLSE is backlogged in many areas, and it can take months to get a hearing date.
- Limited discovery: You have limited ability to compel the employer to produce documents or answer questions before the hearing.
How to file a DLSE wage claim:
- Go to the DLSE website (dir.ca.gov/dlse) and download form DLSE-1 (Initial Report or Claim)
- Complete the form, describing the nature of your claim and the wages owed
- Attach supporting documentation (pay stubs, time records, schedules)
- Submit the form online or in person at your local DLSE office
- DLSE will send a copy to your employer and schedule a settlement conference
- If settlement fails, DLSE will schedule a hearing before a deputy labor commissioner
- After the hearing, the Labor Commissioner will issue an Order, Decision, or Award (ODA)
- If the employer doesn’t appeal, you can enforce the ODA like a court judgment
Instead of filing with DLSE, you can file a lawsuit directly in Superior Court (or Small Claims Court for claims under $10,000). This gives you more control over the process and access to broader remedies, but it’s more expensive and complex.
Advantages of filing in court:
- Broader remedies: You can seek not only unpaid wages but also PAGA penalties, injunctive relief, and in some cases emotional distress damages if retaliation is involved.
- Attorney’s fees: California Labor Code §§ 1194 and 218.5 provide for mandatory attorney’s fees if you prevail. This makes it economically viable for attorneys to take wage cases on contingency.
- Full discovery: You can conduct formal discovery (interrogatories, document requests, depositions) to obtain evidence from the employer.
- Class or representative actions: You can bring a class action on behalf of similarly situated employees or a PAGA representative action seeking penalties on behalf of the state.
- No appeal trap: Unlike DLSE, where the employer can appeal and start over, a court judgment is final (subject only to standard appellate review).
Disadvantages of filing in court:
- Need an attorney: Court litigation is complex and adversarial. Unless the claim is very small (Small Claims), you’ll likely need an attorney.
- Upfront costs: Filing fees, service of process costs, and expert witness fees can add up. However, attorneys often advance these costs in wage cases.
- Longer timeline: Civil litigation typically takes 12-24 months or longer from filing to trial, though many cases settle earlier.
- Employer will fight harder: In court, the employer will hire counsel and mount a vigorous defense. You’ll face motions, discovery battles, and potentially a jury trial.
For many employees, the best approach is to hire an employment attorney to send a demand letter, negotiate with the employer, and if necessary, file suit. California’s mandatory attorney’s fees provisions make this economically viable even for moderate-sized claims.
What an attorney can do for you:
- Evaluate your claim: An experienced attorney can review your facts and tell you what your case is actually worth, including penalties and fees you may not have considered.
- Send a more powerful demand: A demand letter on law firm letterhead signals that you’re serious and that litigation is imminent if the employer doesn’t settle.
- Negotiate from strength: Attorneys know how to negotiate with employers and their counsel, and can often obtain better settlements than unrepresented employees.
- Handle all procedures: Your attorney will handle filing, discovery, motions, and trial, freeing you from the burden of managing complex litigation.
- Pursue PAGA and class claims: If your employer’s violations are widespread, your attorney can bring a PAGA representative action or class action that benefits other employees and increases settlement pressure.
How employment attorneys charge:
Most California employment attorneys handle wage and hour cases on a contingency fee basis, meaning you pay nothing upfront and the attorney gets paid a percentage of the recovery (typically 33-40%). Because California law provides for mandatory attorney’s fees if you win, the employer often ends up paying your attorney’s fees on top of the wages and penalties owed to you.
California has time limits for bringing wage and hour claims. If you wait too long, you’ll lose the right to recover your unpaid wages. Understanding these deadlines is critical.
| Type of Claim | Statute of Limitations | Notes |
|---|---|---|
| Unpaid minimum wages | 3 years | Measured from each pay period where underpayment occurred |
| Unpaid overtime | 3 years | Same as minimum wage claims |
| Meal/rest break premiums | 3 years | Treated as wages under California law |
| Waiting time penalties (Labor Code § 203) | 3 years from termination | Penalties accrue for 30 days after termination, but you have 3 years to bring the claim |
| Wage statement violations (Labor Code § 226) | 1 year from date of violation | Shorter statute of limitations than other wage claims |
| Unfair competition (Bus. & Prof. Code § 17200) | 4 years | Sometimes used as alternative theory to extend statute for wage claims |
| PAGA claims | 1 year from PAGA violation | Must send notice to LWDA and employer before filing suit |
If you’ve been denied wages, overtime, meal breaks, or other compensation owed under California law, I can help you recover what you’re owed—plus penalties and attorney’s fees. I represent employees throughout California in wage and hour claims against employers of all sizes, from small businesses to large corporations.
What I handle:
- Unpaid wages and overtime (daily, weekly, seventh-day)
- Missed meal and rest break premiums
- Misclassification as exempt (improperly denied overtime)
- Minimum wage violations
- Off-the-clock work
- Waiting time penalties for unpaid final wages
- Wage statement violations
- PAGA representative actions for widespread violations
- Class actions on behalf of similarly situated employees
- Retaliation for making wage claims
My approach to wage and hour cases is thorough, strategic, and results-driven. I don’t just calculate the unpaid wages—I identify every available penalty, premium, and remedy to maximize your total recovery.
- Comprehensive Claim Analysis: I review your pay stubs, time records, job duties, and pay structure to identify ALL violations—not just the obvious ones. Many employees don’t realize they were misclassified as exempt, are owed meal break premiums, or qualify for waiting time penalties. I find everything you’re owed.
- Precise Calculation: I calculate exactly what you’re owed using California’s complex wage and hour rules. This includes regular rate calculations that factor in bonuses and commissions, daily and weekly overtime, double-time, meal and rest break premiums, and all applicable penalties.
- Strategic Demand Letter: I send a detailed demand letter that demonstrates the strength of your claim, cites specific Labor Code sections, and warns of attorney’s fees and PAGA exposure. This creates immediate settlement pressure.
- Negotiation or Litigation: If the employer responds reasonably, I negotiate a settlement. If they lowball or deny liability, I file suit in Superior Court and pursue the claim aggressively through discovery, motions, and trial if necessary.
- PAGA and Class Action Assessment: If your employer’s violations are systematic and affect other employees, I evaluate whether a PAGA representative action or class action is appropriate. These cases can result in much larger recoveries and force employers to change their illegal practices.
- Retaliation Protection: If your employer retaliates against you for making a wage claim (firing, demotion, schedule changes), I pursue a separate retaliation claim that can include reinstatement, back pay, emotional distress, and punitive damages.