Are You Being Paid Fairly? Know Your Wage Rights in California

You’re being paid fairly under California law if you get at least the minimum wage that applies where you work, overtime for long days and weeks, pay for every minute you work, full paychecks on time without illegal deductions, and accurate pay stubs. As of 2026, the statewide minimum wage is $16.90 an hour, and many cities set a higher rate. If any of these rights was violated, you can generally recover the unpaid wages, plus interest and penalties, for up to three years back.

A quick pay checkup

Minimum wage: state, city and industry rates

California has one statewide minimum wage for all employers, regardless of size: $16.90 an hour as of January 1, 2026. The Department of Industrial Relations has announced it will rise to $17.40 on January 1, 2027. Dozens of cities and counties set higher local minimums, and some industries, including many fast-food restaurants and health care facilities, have their own higher minimums. You’re owed whichever rate is highest. Look up your city on our California minimum wage by city tool.

If you were paid less than the minimum wage, you can recover the unpaid wages, interest and attorney’s fees (Labor Code §1194), plus liquidated damages equal to the unpaid amount (Labor Code §1194.2).

Overtime and double time

Most hourly workers, and some salaried ones, earn overtime under Labor Code §510:

• 1.5 times your regular rate for hours over 8 in a day, over 40 in a week, and for the first 8 hours on the seventh consecutive day of work in a workweek.
• Double time for hours over 12 in a day and for hours over 8 on that seventh consecutive day.

Your “regular rate” includes nondiscretionary bonuses, such as production or attendance bonuses, so overtime should be figured on more than your base wage when you earn them. Overtime must be paid whether or not your employer approved it in advance.

Salaried doesn’t mean exempt. As of 2026, most exempt employees must earn at least $70,304 a year and spend more than half their time on exempt duties. See misclassified as exempt.

Off-the-clock work

If your employer requires or knowingly allows the work, it must pay for it. Common examples include opening or closing tasks before you clock in or after you clock out, security screenings, booting up systems, and answering calls or messages after your shift. These minutes can also push you into overtime. Read more about off-the-clock work in California.

Paycheck deductions your employer can’t take

According to the Labor Commissioner’s deductions guidance, an employer may withhold wages only when the law requires or allows it, or when you’ve authorized it in writing for things like insurance premiums or benefit plan contributions. That means:

• Cash shortages and breakage: Losses caused by mistakes, accidents or simple negligence are a cost of doing business. A deduction is allowed only if the employer shows the loss came from dishonesty, a willful act or gross negligence, and an accusation alone isn’t enough.
• Uniforms: If your employer requires a uniform, the employer must pay for it.
• Work expenses: Necessary costs of doing your job, such as required tools or using your personal phone for work, must generally be reimbursed (Labor Code §2802).
• Required medical exams: Your employer can’t charge you for a pre-employment exam it requires.
• Tips: Your employer can’t take your tips or deduct wages because of them (Labor Code §351).

When and how you must be paid

Most employees must be paid at least twice a month on regular paydays set in advance. For example, wages earned from the 1st through the 15th generally must be paid by the 26th of that month. If you’re fired, your final wages are due immediately; if you quit without notice, within 72 hours. A willful delay in final pay can trigger a waiting-time penalty of up to 30 days of wages. See late paycheck rules.

Each pay stub must show, among other things, total hours worked and every hourly rate with the hours at that rate. If your employer knowingly gives you inaccurate stubs, you may recover actual damages or $50 for the first pay period and $100 for each later one, up to $4,000.

Equal pay for similar work

Labor Code §1197.5 bars paying you less than coworkers of another sex, race or ethnicity for substantially similar work, unless the employer proves the entire gap is explained by factors like seniority, merit or production. Prior salary can’t justify a gap. You also have the right to discuss and ask about wages, and your employer can’t punish you for it.

A hypothetical example

Luis works at a Los Angeles restaurant for $17 an hour. His city’s minimum is higher than the state rate, he’s required to arrive 20 minutes early to prep without clocking in, and $30 is taken from his check each month for his uniform. He may be owed the difference up to the local minimum wage, pay for the prep time (at the overtime rate on days it pushes him past 8 hours), a refund of the uniform deductions, and possibly pay stub penalties.

What to do if you think you’re underpaid

1. Keep your own record of start and end times, breaks and off-the-clock tasks. Your employer can’t stop you from tracking your hours.
2. Save pay stubs and schedules, and compare them with your log.
3. Request your payroll records. Your employer must provide them within 21 calendar days of your request.
4. Estimate what you’re owed with our wage and hour claim calculator.
5. File a claim or talk to a lawyer. You can file a wage claim with the Labor Commissioner or sue in court. Most wage claims must be filed within three years.

Labor Code §98.6 prohibits firing, demoting or punishing you for complaining about pay or filing a claim, and California’s labor laws protect all workers regardless of immigration status.

Frequently asked questions

What is the minimum wage in California right now?

$16.90 an hour statewide as of January 1, 2026, scheduled to rise to $17.40 on January 1, 2027. Many cities and some industries require more.

Do part-time workers get the same wage rights?

Yes. Minimum wage, overtime, pay stub and deduction rules apply to part-time and full-time employees alike.

Can my employer take money out of my check for a register shortage?

Generally no. A deduction is allowed only if the employer can show the shortage came from dishonesty, a willful act or gross negligence. Your employer may discipline you, but simple mistakes are a cost of doing business.

How far back can I recover unpaid wages?

Usually three years from the date you file, and up to four years for some claims brought in court. Pay stub penalties generally have a one-year limit.

Can I talk to coworkers about how much we make?

Yes. California law protects your right to discuss and ask about wages, and your employer can’t retaliate against you for it.

Talk to a California employment lawyer

Employees First Labor Law represents workers exclusively in wage and hour cases across California. We offer free virtual consultations to review your pay stubs and hours and explain your options. Contact us online or call (310) 853-3461.

This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.