Wage theft and workplace mistreatment in California — how to document it
Published July 20, 2026 · reviewed September 28, 2026
The short answer
If something about your pay or treatment at work feels wrong, the most useful thing you can do is start writing it down as it happens. Wage theft and mistreatment take many forms. You might be an hourly or salaried employee who isn't paid for all the time you work. You might be a gig worker or contractor whose promised earnings don't arrive in full. You might work on commission and find payments miscalculated or missing. It can also look like breaks you never got to take, work you did before clocking in or after clocking out, or pressure and punishment after you raised a concern.
In California, workers have broad protections covering minimum pay, overtime, meal and rest breaks, and the right to be paid for all hours actually worked. There are also protections against retaliation — being punished for asking about your pay or reporting a problem. The exact rules and current dollar figures change over time, so this page keeps them in one clearly-marked box below and points you to the official sources rather than stating them as settled fact here.
rippedoffworker does not tell you whether your case will succeed, and it is not a law firm. What it does is help you record what happened — the hours, the pay, and the treatment — so that a pattern becomes visible over time. A dated, organized record is something you can take to the people who can actually help: a government labor agency, a legal aid service, or a lawyer.
State specifics — verify at the source
These figures and rules change. Confirm the current details at the official links before relying on them.
Minimum wage
According to the California Department of Industrial Relations (DIR), whose minimum-wage FAQ says: “Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality.” Many cities and counties (for example Los Angeles and San Francisco) and certain industries (fast food, some health care) set higher local rates. Verify the figure for your city and industry at the DIR link below.
Checked September 28, 2026.
Overtime
According to the DIR's overtime FAQ, California adds daily overtime on top of the federal weekly rule. It says employment beyond eight hours in any workday or more than six days in any workweek must be paid at not less than: “One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.” Exemptions apply. Confirm the current thresholds at the DIR.
Checked September 28, 2026.
Meal & rest breaks
According to the DIR's meal-period FAQ, “an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes”, with a second 30-minute meal period once an employee works more than ten hours; both can be waived by mutual consent within limits. Its rest-period FAQ says employers “must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof”. For either, a missed break owes “one additional hour of pay at the employee's regular rate of pay for each workday” the break was not provided. Confirm the current rules at the DIR.
Checked September 28, 2026.
Final paycheck
According to the DIR's paydays FAQ, “an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination”, an employee who gives at least 72 hours' notice of quitting must be paid “at the time of quitting”, and one who quits without that notice “within 72 hours of quitting”. Late payment can trigger a waiting time penalty, which the DIR describes as “an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days”. Confirm at the DIR.
Checked September 28, 2026.
Wage-claim filing deadline
According to the DIR's “How to file a wage claim” page, under the heading “Make sure you file timely”, the limits are listed as four items: “Within one year for penalties regarding a bounced check or failing to provide access to, or a copy of, payroll or personnel records.”; “Within two years for an oral promise to pay more than minimum wage.”; “Within three years for violations of minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions from pay or unpaid reimbursements”; and “Within four years for a written contract.” Confirm the deadline for your own claim at the DIR or with a legal aid service.
Checked September 28, 2026.
Where to file / who enforces
The California Labor Commissioner's Office (DLSE), part of the DIR, handles wage claims. File or check details at the DIR.
Checked July 2026.
Agency: California Labor Commissioner’s Office (Division of Labor Standards Enforcement)
Where to file: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Read at California Labor Commissioner’s Office, How to File a Wage Claim
Checked September 18, 2026.
Official California source: California Department of Industrial Relations / Labor Commissioner's Office (DLSE)
Official California source (minimum wage): DIR — Minimum Wage FAQ
Official California source (overtime): DIR — Overtime FAQ
Official California source (breaks): DIR — Meal Periods FAQ and Rest Periods FAQ
Official California source (final pay): DIR — Paydays, pay periods, and the final wages FAQ
Official California source (filing deadline): DIR — How to file a wage claim
Federal backstop: U.S. Department of Labor, Wage and Hour Division
If you file a complaint
What the agency’s own pages say, quoted, with the page each came from. Where a page says nothing, that is what is written here — a fact about the page, not about the law.
Is the employer told who complained?
The California Labor Commissioner’s Office’s page “How to File a Wage Claim”, read September 18, 2026, does not state whether the name of the person who complained is given to the employer.
Checked September 18, 2026.
Can a complaint be filed anonymously?
The California Labor Commissioner’s Office’s page “How to File a Wage Claim”, read September 18, 2026, does not state whether a complaint can be filed anonymously.
Checked September 18, 2026.
Is retaliation for complaining prohibited?
“Employees and applicants for employment in California have the right to exercise their labor rights without retaliation or discrimination. The Labor Commissioner’s Office enforces more than 45 labor laws that specifically prohibit discrimination and retaliation, including Equal Pay Act violations.”
— California Labor Commissioner’s Office, Retaliation Complaint Investigation Unit (RCI)
Checked September 18, 2026.
Cities in California with their own minimum wage
Where a city sets a higher rate than the state, the higher one generally applies to work performed there. These change — each figure carries the date it was last checked, and comes off this page rather than going stale.
Los Angeles
Local minimum wage
According to the City of Los Angeles Office of Wage Standards, whose 2026 minimum wage table gives “July 1, 2026 $18.42”, the city minimum wage is $18.42 per hour from July 1, 2026. The same page says the rate “effective July 1st of each year — is based on the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area”. A separate, higher Citywide Hotel Worker Minimum Wage also rose on July 1, 2026, and unincorporated Los Angeles County and other cities set their own rates. Verify at the Office of Wage Standards.
Checked September 28, 2026.
How it relates to the state
The Los Angeles city rate of $18.42 is higher than California's state minimum wage of $16.90, and the Office of Wage Standards applies it to work performed within the city. Los Angeles's page also points to California's separate Fast Food Minimum Wage (AB 1228) as a state law. For statewide rules and figures, see the California state page.
Checked September 28, 2026.
Local overtime / scheduling / sick-leave rules
According to the Office of Wage Standards, whose page is headed “Minimum Wage & Paid Sick Leave”, Los Angeles runs its own paid sick leave rules alongside the city wage, and its Fair Work Week Ordinance sets scheduling rules for covered retail employers. California's overtime and meal/rest-break rules apply in the city. Confirm current local rules at the Office of Wage Standards.
Checked September 28, 2026.
Who enforces locally
The City of Los Angeles Office of Wage Standards, part of the Bureau of Contract Administration, publishes and enforces the city wage and the Citywide Hotel Worker Minimum Wage; the California Labor Commissioner and the federal DOL also handle wage matters. File or check details at the links below.
Checked September 28, 2026.
Official city/county source: City of Los Angeles Office of Wage Standards
State source: California Department of Industrial Relations
Federal backstop: U.S. Department of Labor, Wage and Hour Division
San Francisco
Local minimum wage
According to the San Francisco Office of Labor Standards Enforcement (OLSE), “employees performing work in San Francisco, including part-time and temporary employees, must be paid no less than the San Francisco minimum wage, currently $19.61 as of July 1, 2026.” OLSE adds that a small number of “Government Supported Employees” are instead subject to a rate of $17.35 from July 1, 2026, and that the rate “will be adjusted based on the annual increase in the Consumer Price Index”. Verify at OLSE.
Checked September 28, 2026.
How it relates to the state
The San Francisco city rate of $19.61 is higher than California's state minimum wage of $16.90, and OLSE applies it to work performed in San Francisco. OLSE's page notes that in 2003 “San Francisco voters passed a local minimum wage, becoming the first local jurisdiction to pass a minimum wage rate higher than the federal or state minimum wage”. For statewide rules and figures, see the California state page.
Checked September 28, 2026.
Local overtime / scheduling / sick-leave rules
California's overtime and meal/rest-break rules apply in San Francisco, and the city runs its own labor ordinances alongside the wage — OLSE's minimum-wage page cites the Minimum Wage Ordinance (San Francisco L.E.C. Article 1) and the Personal Services Minimum Contractual Rate Ordinance (Article 2), and directs questions to OLSE. Confirm which of the city's ordinances apply to you at OLSE.
Checked September 28, 2026.
Who enforces locally
The San Francisco Office of Labor Standards Enforcement enforces the local wage, and its own page gives the route: “If you have questions about the San Francisco minimum wage or wish to report a violation of the law, fill out a complaint form, call 415-554-6292, or email mwo@sfgov.org.” The California Labor Commissioner and the federal DOL also handle wage matters.
Checked September 28, 2026.
Official city/county source: San Francisco Office of Labor Standards Enforcement
State source: California Department of Industrial Relations
Federal backstop: U.S. Department of Labor, Wage and Hour Division
San Diego
Local minimum wage
According to the City of San Diego, whose labor and wage page states “City of San Diego Minimum Wage: $17.75 Per Hour”, the city minimum wage is $17.75 an hour. The same page lists a separate Hospitality Minimum Wage Ordinance effective July 1, 2026 and a Traffic Control Worker Minimum Wage Ordinance, so a higher rate may apply to your work. Verify the rate and the date it took effect at the City of San Diego.
Checked September 28, 2026.
How it relates to the state
The San Diego city rate of $17.75 is higher than California's state minimum wage of $16.90, and the city applies it to work performed within the city. For statewide rules and figures, see the California state page.
Checked September 28, 2026.
Local overtime / scheduling / sick-leave rules
According to the City of San Diego's labor and wage page, the city publishes rules and regulations for an Earned Sick Leave and Minimum Wage Ordinance, a Traffic Control Worker Minimum Wage Ordinance and a Hospitality Minimum Wage Ordinance. California's overtime and meal/rest-break rules apply in San Diego. Confirm which apply to your work at the City of San Diego.
Checked September 28, 2026.
Who enforces locally
The City of San Diego runs its own labor standards enforcement for the city wage and sick leave, and publishes the ordinances and fees on its labor and wage page; the California Labor Commissioner and the federal DOL also handle wage matters. File or check details at the links below.
Checked September 28, 2026.
Official city/county source: City of San Diego — Labor & Wages
State source: California Department of Industrial Relations
Federal backstop: U.S. Department of Labor, Wage and Hour Division
San José
Local minimum wage
According to the City of San José's 2026 official minimum wage bulletin: “Effective January 1, 2026 the San Jose minimum wage rate is $18.45 per hour”. The same notice tells workers “You qualify if you work 2 or more hours per week”, that “Tips don't count toward minimum wage”, and that “Your immigration status doesn't matter”. Verify at the City of San José.
Checked September 28, 2026.
How it relates to the state
The San José city rate of $18.45 is higher than California's state minimum wage of $16.90, and the city's ordinance “set an hourly rate of pay that employers must pay their workers for work performed within the City”. For statewide rules and figures, see the California state page.
Checked September 28, 2026.
Local overtime / scheduling / sick-leave rules
California's overtime and meal/rest-break rules apply in San José. The city's own bulletin adds requirements of its own: employers must post the notice “where workers can see it”, “document all hours of work performed, and keep records for 4 years”, and give each employee at hire “the employer's name, address, and phone number”. Confirm current local rules at the City of San José.
Checked September 28, 2026.
Who enforces locally
The City of San José Office of Equality Assurance enforces the local wage — 200 E. Santa Clara St., 5th Floor, MyWage@sanjoseca.gov, (408) 535-8430 — and says of complaints: “All complaints are confidential and will not be shared with anyone.” Its bulletin also states “You can't be fired for making a complaint.” The California Labor Commissioner and the federal DOL also handle wage matters.
Checked September 28, 2026.
Official city/county source: City of San José Minimum Wage Ordinance
Official city source (the notice the figure is quoted from): City of San José — 2026 Official Minimum Wage Bulletin (PDF)
State source: California Department of Industrial Relations
Federal backstop: U.S. Department of Labor, Wage and Hour Division
If you are paid commission
California requires your commission agreement to be in writing.
Labor Code §2751 says the contract must be in writing and must set out how commissions are worked out and paid. Your employer must give you a signed copy and keep a signed receipt for it. There’s a second part worth knowing: where a plan expires and everyone carries on under it, its terms are presumed to stay in force until it’s replaced — so an old plan you kept may still be the one that counts.
Applies to services performed in California. “Commissions” here has a narrower meaning than everyday use, and the section carries no penalty of its own.
Checked August 2026. This tells you what to go and read. It does not decide anything about your situation.
If you do app-based work
There is a published minimum rate for app work here.
Keyed to the local minimum wage where the job started, in force.
California's guarantee keys to the local minimum wage where each job started — it varies by city and often moves mid-year, so there is no single number to compare a week against.
Read the unit. Read the unit carefully. It does not cover every hour you are logged on — and the gap between the two is usually the largest single thing separating what you thought you earned from what you did.
California — the official page
Checked August 2026. This is the published rule, not a finding about your pay. Whether you were paid it is something to work out from your own statements.
Is it legal?
The Break Room answers the questions behind the blocks above from the regulation or fact sheet itself, quoted, with a link to the page the words were read from.
- Is it legal for my employer to pay commission with no written plan?
It is decided state by state. California’s statute requires the contract in writing, requires it to say how commissions are computed, and requires a signed copy to be handed over.
- Is it legal for the app to call me an independent contractor?
The Department of Labor says the label is not relevant and that signing the agreement does not settle it. How the underlying test is applied is currently being rewritten.
What you can do
- 1
Write down your job basics
Your employer or platform, your role, your agreed rate or commission terms, and how you're classified (employee, contractor, or gig worker).
- 2
Log every shift or job as it happens
Start time, end time, and any break you did or did not take.
- 3
Note off-the-clock work
Tasks done before clocking in, after clocking out, during unpaid breaks, or at home.
- 4
Record each payment and compare it to what you expected
Flag anything missing or short.
- 5
For gig and commission work, save the details
The job details, the promised amount, and what actually landed.
- 6
Keep your paperwork in one place
Copies of pay stubs, contracts, messages, schedules, and screenshots.
- 7
Write down mistreatment or retaliation
The date, what was said or done, and who was there.
- 8
Store it safely
Keep your records somewhere the employer cannot alter or delete.
Where the exact rules matter: the specifics — figures, thresholds, deadlines, and which rules apply — vary by state and by your situation. Check them with the U.S. Department of Labor (dol.gov) or your state labor department rather than relying on a number from anywhere else.
In plain terms
- Wage theft
- When you aren't paid all the money you earned — through unpaid hours, unpaid overtime, missing pay, or illegal deductions.
- Off-the-clock work
- Work you do that isn't counted or paid, such as tasks before or after your recorded shift.
- Overtime
- Extra pay for hours worked beyond a set number. The exact rules are in the box above.
- Retaliation
- When an employer punishes you — cut hours, demotion, firing — for raising a concern or reporting a problem.
- Misclassification
- Being labeled a contractor when the law may treat the worker as an employee — a difference that changes which pay rules apply.
- Waiting time penalty
- Extra pay a California employer may owe when a final paycheck is late.
Where rippedoffworker comes in
The guide tells you what to do — the app does it with you.
rippedoffworker helps workers of every kind — hourly, salaried, gig and contractor, and commission-based — log the hours, pay, and treatment as they happen. It builds a dated record over time: unpaid or underpaid wages, missing gig or commission earnings, missed breaks, off-the-clock work, and mistreatment or retaliation — soyour own figures and the pattern behind it are organized in one place, ready to take to the people who can help.
rippedoffworker is a record-keeping tool, not a law firm, and does not give legal advice. Any amounts are arithmetic on the figures you entered — apparent, not a guaranteed or legally determined amount.