California Unpaid Wages & Minimum Wage Lawyer

Wage and Hour

You Earned Your Pay. We Ensure You Get It.

In California, the law is clear: every hour worked must be paid. Whether you are an hourly worker in a retail shop, a server in a restaurant, or a salaried professional who has been misclassified, your employer cannot legally withhold your earned income. Wage theft is a serious offense that affects thousands of California workers every year, but with the right legal advocacy, you can recover every cent you are owed.

Ezoory Labor Law is committed to providing employees with aggressive and passionate legal advocacy. We provide the highest quality of legal services to help resolve cases and defeat workplace discrimination. We are dedicated to guarding workers’ rights and defending employees all throughout California.

If your paycheck is short, your bonuses are missing, or you are being paid less than the legal minimum, you need a California Unpaid wages lawyer who knows how to hold employers accountable. We help workers across the state navigate the complexities of the California Labor Code to secure their financial future.

The 2026 California Minimum Wage: $16.90 per Hour

As of January 1, 2026, the mandatory statewide minimum wage in California is $16.90 per hour for all employers, regardless of the number of employees they have. This rate is a result of annual cost-of-living adjustments designed to protect the purchasing power of California’s workforce.

Higher Local and Industry Minimums

While $16.90 is the state floor, many workers are entitled to even higher pay:

Local Ordinances

Many cities and counties (such as West Hollywood, San Francisco, and Mountain View) have local minimum wages that exceed $19.00 or $20.00 per hour.

Fast Food Workers

As of 2024, most fast-food workers in California are entitled to a minimum of $20.00 per hour.

Healthcare Workers 

Specific healthcare facilities are subject to their own rising minimum wage schedules, which often exceed the standard state rate.

Legal Rule

If your city has a higher minimum wage than the state, your employer must pay you the higher amount. There are no exceptions for "small businesses" in 2026.

Common Forms of Wage Theft

Wage theft isn't always as obvious as a missing paycheck. Many employers use "creative" accounting or illegal policies to chip away at your earnings.

Illegal Deductions

Your employer cannot deduct the cost of business expenses from your wages if it drops you below the minimum wage. This includes:

Uniforms

If a specific uniform is required, the employer must pay for it.

Tools and Equipment 

If your job requires specific tools, the employer must provide them or reimburse you.

Cash Shortages

Employers cannot dock your pay for register shortages or "accidental" breakages unless they can prove it was caused by a dishonest or willful act.

Off-the-Clock Work

If you are working, you must be paid. Illegal "off-the-clock" practices include:

  • Requiring you to prep your station before clocking in.
  • Forcing you to wait for a security check or "bag check" after clocking out.
  • Calling or texting you with work questions during your unpaid lunch break.

The Tip Credit Prohibition

Unlike many other states, California does not allow a "tip credit." This means your employer cannot count your tips toward their obligation to pay you the $16.90 minimum wage. You must receive the full minimum wage plus 100% of the tips you earn.

Misclassification

If your employer calls you an "independent contractor" but controls your schedule, your tools, and how you do your work, you may be an employee. Misclassified workers are often cheated out of minimum wage, overtime, and meal break premiums.

Penalties for Employers: Why Suing is Worth It

California law is designed to make wage theft "expensive" for employers to deter them from cheating workers. If you win an unpaid wage claim, you may be entitled to:

Back Pay & Front Pay

This encompasses the full recovery of your lost wages, missed bonuses, and the value of future earnings or benefits you would have received had the discrimination not occurred.

Liquidated Damages

For minimum wage violations, you can often recover an amount equal to your unpaid wages as a penalty—effectively doubling your recovery.

Waiting Time Penalties

If you were fired or quit and your employer didn't pay your final wages on time, you may be entitled to one full day of pay for every day they are late, up to 30 days.

Unsatisfied Judgment Penalties (SB 261)

As of 2026, if an employer fails to pay a court judgment for wages within 180 days, they can be hit with civil penalties of up to three times the judgment amount.

Contact Ezoory Labor Law Today

At Ezoory Labor Law, we don't just ask for your wages; we demand them. We have the resources to audit your payroll records, uncover hidden violations, and take your employer to court if they refuse to pay.

Call us today for a free, confidential case evaluation. Let us help you recover the money you’ve worked so hard to earn.

Frequently Asked Questions

Can I be paid less than minimum wage if I am in "training"?

There is a limited "learner" exception for the first 160 hours of work in a new occupation, but it still must be at least 85% of the minimum wage. Most "training" periods must be paid at the full $16.90 rate.

What if I am paid by "piece rate" or "commission"?

Even if you are paid per task or per sale, your total pay for the week divided by the hours you worked must equal at least $16.90 per hour. If it doesn't, your employer must pay the difference.

Does my immigration status matter?

No. California labor laws protect all workers regardless of their immigration status. You are entitled to the $16.90 minimum wage even if you are undocumented, and it is illegal for an employer to threaten your status because you asked for your pay.

What is the new "Annual Notice" requirement for 2026?

By February 1, 2026, your employer is required to provide you with a written notice outlining your rights to minimum wage, workers' compensation, and protection against unfair immigration practices.

How long do I have to file a claim for unpaid wages?

Generally, you have three years to file a claim for unpaid wages in California. However, if your claim is based on a written contract, you may have up to four years.

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If you believe your workplace rights have been violated, Ezoory Labor Law is here to help.

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