Summary
If you need to report unpaid wages in California, this guide explains the signs of wage violations, your rights under state wage and hour law, what to gather before filing a wage claim, and how the investigation works. Get clear steps, tips, and resources to protect your earnings and legal rights.
Table of Contents
If you’re wondering how to report unpaid wages in California, you’re not alone. Every year, thousands of workers across the state face wage theft, missing hours, or incorrect pay, often without knowing where to turn for help.
The good news: California offers strong protections, and you can take clear steps to reclaim what you earned. This guide walks you through those steps and prepares you for what comes next—so you can move forward confidently.
Signs You May Have Unpaid Wages
Not all violations are evident. Watch for these warning signs:
- Your paycheck seems lower than expected
- You worked overtime but were only paid straight time
- Your meal and rest breaks were taken away or interrupted
- Your employer changed your schedule or reduced your rate without notice (wage reduction)
- You didn’t receive a proper wage statement for each pay period
- You weren’t paid for all hours, training, travel time, or meetings
Workers also frequently report issues such as paid sick leave not being credited or unexplained deductions appearing in wage payments.
Your Rights Under California Wage and Hour Law
California is known for having some of the strongest worker protections in the nation. Under the wage and hour law, you have the right to:
- Be paid at least the minimum wage
- Receive overtime and double-time pay when applicable
- Get accurate pay stubs
- Access your payroll records
- Receive proper sick leave
- Work free from employment violations
Federal protections also apply. The Fair Labor Standards Act establishes national rules, which the Wage and Hour Division of the U.S. Department of Labor enforces. If your employer fails to comply, it may constitute non-payment of wages, illegal deductions, or other employment contract violations.
Steps to Take Before Filing a Claim
Before you officially report unpaid wages, prepare these items to strengthen your case.
✔ Gather Records
You are not required to keep your own time logs, but doing so helps. Collect:
- Paychecks and pay stubs
- Emails, texts, or memos about pay
- Your personal record of hours worked
- Copies of bounced checks
- Any notices showing pay rate changes
- Your hiring documents or employment contracts
✔ Document Communication With Your Employer
Write down dates, conversations, and people involved. Keep screenshots or emails where you asked about missing pay.
✔ Secure a Written Request for Payment
Politely request that your employer provide the missing wages. Note the date you submitted it.
✔ Confirm Deadlines
Depending on the type of claim, deadlines range from one to four years. For example, claims involving minimum wage, overtime, or missed breaks usually carry a three-year deadline.
How to Report Unpaid Wages: Filing a Wage Claim
When you’re ready, you can submit your wage claim:
Where to File
You can submit through the California Labor Commissioner’s Office by:
- In person
Forms are available in multiple languages on the official .gov website.
What You Will Need
Include copies of:
- Time records
- Paystubs
- Bounced checks
- Work schedules
- Expense receipts (if claiming reimbursements)
Do not send original documents.
If you need assistance, you can always call or visit your nearest DLSE office, which handles worker complaints and unpaid wages issues. You may also consult a wage and hour attorney for professional guidance throughout the process.
What to Expect During the Investigation
Once your claim is submitted, the process includes:
- Records Review: A deputy commissioner reviews your supporting records and requests additional information if needed.
- Conference or Hearing: You may need to attend a settlement conference or formal hearing. Bring copies—not originals—unless specifically requested.
- Employer Response: Your employer must provide time records, pay documents, and explanations.
- Determination: The DLSE will issue a decision regarding owed wages, penalties, and interest.
Why Hiring a Wage and Hour Attorney Helps
While you can report unpaid wages on your own, having a legal advocate strengthens your case—especially when employers deny wrongdoing.
A top-rated labor law lawyer in Los Angeles can:
- Help calculate damages accurately
- Represent you at hearings
- Gather additional evidence
- Negotiate settlements
- Push back against retaliation
This guidance is crucial for addressing complex employment violations, including misclassification, overtime disputes, and off-the-clock work.
FAQs
Can I still file if I don't have my pay stubs?
Yes. Although pay stubs are helpful, the law requires your employer—not you—to maintain accurate payroll records. Your own notes, emails, calendar entries, and statements about hours worked can still be used to support your claim.
Will my employer know I filed?
Yes. The employer receives formal notice, allowing them to respond to the claim. Even so, retaliation—such as firing, reducing hours, or threatening you—is strictly prohibited under both federal labor laws and California protections.
How long does it take to resolve a case?
Timeframes vary. Simple wage claims may move quickly, while cases involving missing records, disputed hours, or multiple employees can take longer.
What if my employer pays me in cash?
You can still file a claim. Cash payments do not exempt employers from following wage laws. Provide proof, such as messages, screenshots, receipts, bank deposits, or coworker statements, to verify your hours and pay rate.
Can I file if I am undocumented?
Yes. California protects all workers regardless of immigration status. You are still entitled to unpaid wages, overtime, and other labor protections, and your immigration status cannot be used against you during the claims process.
Protect Your Earnings—Get Help Today
If you need to report unpaid wages, you don’t have to navigate the process alone. California law protects you, and help is available. If you believe you’ve experienced wage theft or missing pay, our team is ready to review your case, explain your rights, and guide you through the next steps.
Contact us today for a free consultation with a wage and hour attorney.
