My employer did not pay me what I am owed
Check what you are owed, gather proof and file a claim.
5 steps
Step 1 of 5: Know what you are owed
Check your pay against the minimum wage and overtime rules.
- Minimum WageKnow your number. Here is the least your employer can legally pay you where you work: the state rate, city rates in San Mateo and Santa Clara counties, and higher rates for fast food and health care jobs.Guide
- Overtime payMost workers in California earn overtime after 8 hours in a day or 40 in a week, whatever their immigration status and however they are paid. Here is how to tell if you are owed it, how to count it, and how to get back what you were not paid.Guide
- Check your pay worksheetPrint it and fill it in by handChecklist
Step 2 of 5: Gather your proof
Pay stubs, schedules and your own notes all help.
- Get your pay records and personnel fileYour pay records and personnel file belong to your work life, and California lets you see them. Ask in writing. Your employer has 21 days for pay records and 30 days for your personnel file. If they ignore you, they can owe you $750. Here is how to ask, with a letter you can print.Guide
- Records request letterPrint it and fill it in by handChecklist
Step 3 of 5: File a wage claim
Your immigration status does not stop you from filing.
- Wage ClaimYou worked. You should be paid. If your employer owes you pay, the California Labor Commissioner can help you get it back. You do not need a lawyer, and the office does not ask about your immigration status. Here is what to gather, how to file, and what happens next.Guide
- Gather these before you filePrint it and fill it in by handChecklist
Step 4 of 5: If your boss threatens you
Punishing you for speaking up can be illegal.
- Illegal retaliation at workIf your boss punished you for speaking up about pay, safety or your rights, that may be illegal retaliation. California law protects you, and in some cases presumes your boss acted for that reason. Here is how to tell, what to write down, and where to file before the deadline.Guide
- Boss Immigration ThreatA boss who threatens to call immigration is trying to make you stay quiet. In California, using that threat to punish you for speaking up is against the law, and you can act on it. Here is what to do today, how to file a complaint, and how to protect yourself and your family while you decide.Guide
- Retaliation timelinePrint it and fill it in by handChecklist
Step 5 of 5: Get help from a person
You do not have to do this alone. Ask about cost, languages and current openings before you share documents.
- California Labor Commissioner wage claimsCalifornia’s state office for unpaid wages, overtime and missed breaks. File online, by email, by mail or in person. California labor laws protect workers regardless of immigration status. Most wage claims must be filed within 3 years.Organization
- Legal Aid at WorkFree legal information and advice for low-income California workers about pay, discrimination, leave and retaliation, with help in Spanish, Mandarin, Cantonese and other languages. Call 415-864-8848 or start online.Organization
This page puts DNLH guides in a useful order. It is general information, not legal advice. Each guide shows its sources and the date its facts were checked.
Not quite your situation?
All situations- I lost my jobYour last check, income help and health coverage.5 steps
- I got hurt or sick and cannot workWorkers' comp, disability pay and keeping your job.4 steps
- I am having a babyLeave, pay and changes at work.4 steps
- My boss harasses, threatens or discriminates against meName what is happening, keep notes and file a complaint.4 steps