"When does my boss owe me "back pay" in California?" -- Top Labor Law Attorney Explains

Employment law attorney Neil Shouse of Shouse California Law Group explains how to recover unpaid wages and back pay.

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Understanding Back Pay and Wage Theft Laws in California

If you have worked hours that you were never paid for, you are legally entitled to what is known as "back pay." This legal concept covers far more than just a missing paycheck; it encompasses a wide range of wage theft scenarios where your employer shortchanges you. Common violations include failing to pay the specific state minimum wage, which rose to sixteen dollars and ninety cents per hour as of January 1, 2026, though cities like Los Angeles and San Francisco mandate even higher rates. Back pay disputes frequently involve unpaid overtime wages as well. It is important to remember that if you are a non-exempt employee, you are entitled to "time and a half" pay if you work more than eight hours in a day or forty hours in a week.

Employers also owe back pay for "off the clock" work, missed meal and rest breaks, or if they misclassify you as an independent contractor to avoid paying benefits. You generally have three years to file a claim, though this statute of limitations extends to four years if you have a written employment contract. To recover these funds, you can file a wage theft claim with the Labor Commissioner or file a civil lawsuit with the help of a lawyer.

If you win your case, you receive your wages plus interest. In many cases involving intentional underpayment, you can receive liquidated damages, which effectively doubles your back pay. Additionally, you could receive waiting time penalties equal to your daily wage for up to thirty days, meaning the total back pay can amount to a very large payout. It is crucial to consult with a skilled labor law attorney to ensure you get what you are owed.

If you or a loved one has been short-changed on paychecks by an employer, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.