What to Do When Your Employer Doesn’t Pay You: Rights, Penalties, and Legal Options

In California, if your employer didn’t pay you, you can take action by sending a written notice to request payment. Any time an employer does not pay an employee’s wages, it is wage theft. You can sue your employer for unpaid wage. Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed. If all wages are not properly paid by the due date, the late payment penalties apply.

By Brad Nakase, Attorney

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Have a quick question? I answered nearly 1500 FAQs.

What is it called when you work but don’t get paid?

What’s the word for working without getting paid? When you work but don’t get paid, it’s called unpaid wage or wage theft. Any time an employer does not pay an employee’s wages, it is wage theft. You can sue your employer for unpaid wage. Wage theft occurs when an employer intentionally fails to pay an employee or independent contractor.

Examples of unpaid wages could be as simple as failing to pay you the right amount in your paycheck. In other situations, it can be a bit more complicated, like not compensating you, not giving you proper meal breaks, or failing to properly disburse tips. Wage theft applies to hourly wages, salary wages, bonuses, overtime pay, benefits, tips, or commissions. An employer may be breaking the law if they aren’t paying you in a timely manner or if they aren’t paying you the wages you’ve earned. Unpaid wages is compensation that you’ve worked for and your employer has not paid you for. If you’re paid less than what you’re legally owed by the due date, you’re entitled to late payment penalties. Wage theft also includes an employer sabotaging your ability to find another job or making you work with the promise they will pay you at the end of the pay period.

Employers who fail to pay wages can face legal consequences, including claims from employees for owed wages and penalties. If an employer withholds wages that are due to the employee, it is not only a breach of trust but also a violation of state and federal laws governing employment. In California, employers are required to issue paychecks on time and to provide all earned wages, including overtime and benefits, promptly. Wage theft is a serious offense, and employees have the right to recover their lost wages, penalties for late payment, and even damages if they experience financial hardship as a result.


How long can an employer not pay you?

If you leave your job voluntarily and don’t give your boss notice ahead of time, they have 72 hours to pay you. How long does an employer have to pay you after being fired? If an employee is fired or doesn’t have a say in leaving their job, they must be paid their final paycheck on the same day as termination.

Withholding pay generally goes against the Fair Labor Standards Act because employers should be paying employees within a reasonable timeframe. Employers must immediately give employees their final check for wages if they fire them. If an error is made concerning your wages, your employer should ideally correct the mistake as soon as possible. Filing a wage claim with state authorities can allow employees to recover their pay along with penalty fees paid by an employer for each day payment is late up to 30 days. There’s a one-year statute of limitations for filing for late pay penalties, meaning you can claim penalties for up to one year of late payments going back from the filing of your claim. In states without specific laws, federal law requires employers to issue a departing employee’s final paycheck before the next regular payday for the last pay period.

State laws may require employers to pay employees more frequently than federal guidelines, with most states having clear standards for the timing of paychecks and final wages. If an employee voluntarily resigns and gives the employer 72 hours’ notice, the employer must pay the final paycheck on the last day of work. If the employee does not inform their boss before quitting, then the employer has 72 hours to pay the final paycheck. Regardless of whether wages are intentionally or unintentionally withheld, employees have the right to pursue legal action if their employer does not comply with the payment timeline required by law.


My employer didn’t pay me on payday, what can I do?

In California, if your employer misses a scheduled payday, you can take action by sending a written notice to request payment. Contact your employer in writing and ask for prompt payment of the wages owed to you. If all wages are not properly paid by the due date, the late payment penalties apply. If you don’t get paid by an employer even after asking, then you can file a an wage theft claim by hiring an an unpaid wage attorney.

California labor law provides that an employer cannot be late giving paychecks to their employees. Late payments are subject to being fined according to California labor code 210. Employees must receive payment for the hours/work they have performed within a certain time frame. When paychecks are late, employees have the right to request penalties be paid directly to them through the Labor Commissioner’s office. The penalty for failing to deliver a final paycheck adds up to a day’s wage for every day past the legal deadline in which the wages remain unpaid, up to a maximum of 30 days. California law requires employers to issue the final paycheck immediately for employees who get terminated or resign with at least 72 hours’ notice. Employees who are not paid on time or who are not paid for their work have a right to recover any back pay that they are owed.

The California Labor Code requires employers to maintain regular and consistent pay dates, and any delay in pay is a violation of this requirement. Filing a claim against an employer for late payments can also entitle employees to recover additional compensation for financial hardship caused by the delay. Ignoring the request and violating the employment relationship allows an employee to take legal action. In cases of late payment, statutory penalties apply not only to regular pay but also to overtime and premium pay for missed breaks, as these are legally considered part of owed wages.


What are my rights if my employer doesn’t pay me?

If an employer does not pay their employee on the scheduled payday, the employee may be entitled to penalty pay via a wage claim. Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed. When an employer withholds pay, they may face penalties, such as a civil suit. You may want to sue if your boss doesn’t pay you what they owe by hiring an unpaid wage attorney to assist you. As an unpaid wage attorney, I can represent you with no upfront out-of-pocket cost. I charge a small contingent fee, which means my fee is taken as a percentage of the amount recovered for you. This ensures that your rights are protected and that you can pursue the compensation you are entitled to without financial stress.

If your employer doesn’t provide a paycheck on your regular payday, you are entitled to recover the unpaid wage you are owed. If your employer has violated federal labor law or state laws, such as failing to pay minimum wage, denying overtime pay, or withholding owed wages, you may be entitled to take legal action to recover the unpaid wages. Employees who believe their paycheck rights have been violated should consider seeking guidance from the California Labor Commissioner’s Office or consulting with an employment attorney. Under California Labor Code 210, an employee can recover $100 for the first late payment violation by an employer. The penalty for a second violation is $200 plus 25% of the amount that was paid late. California law prohibits an employer from retaliating against an employee who reports wage theft. Employees have the legal right to be paid on time and pursue legal action when these state laws are broken.

Additionally, workers have the right to receive payment for their work, which includes wages, overtime, tips, bonuses, and other promised compensation. Employees can file a wage claim with the Labor Commissioner’s Office or pursue a lawsuit to recover unpaid wages and associated penalties. In cases where an employer knowingly and intentionally withholds wages, penalties can include statutory damages for financial hardship caused by the delay. It is essential to document hours worked, communications with employers, and any discrepancies in pay to support your case.


What to do if you don’t get paid by your employer?

The first step you should take is to talk to your employer directly about the issue of unpaid wages you haven’t received after they were supposed to be paid. The best option is to file a wage claim and contact an employment law attorney so they can help guide you through the process of recouping your wages. You can sue your employer if you’re not paid or underpaid.  Employees facing late or irregular paychecks can file a lawsuit against their employer, with the potential to recover damages for unpaid wage.

If you haven’t received your final paycheck by the legal deadline, or if your check doesn’t include required vacation pay, your first step should be to contact your former employer for an explanation. Employees should reach out to the human resources or payroll department to inquire about the late payment. Documenting your work time and pay schedule provides evidence that negligence has occurred. If the employer fails to resolve the issue despite being informed, then employees are entitled to file a complaint with the California Labor Commissioner’s Office. Filing a claim against an employer and winning a case may also entitle the employee to compensation for attorney and court fees.

Employees have the legal right to be paid on time and can pursue penalties against employers who violate wage laws. Filing a lawsuit to collect the wages, applicable penalty pay, and the cost of legal representation is also an option. Keeping detailed records of hours worked, employment agreements, and any communications regarding pay discrepancies strengthens your case. In cases of wage theft or intentional withholding of wages, penalties can include damages and compensation for financial hardships caused by the delay.


What can I do if I did a job and didn’t get paid?

If you haven’t received your final paycheck by the legal deadline, or if your check doesn’t include required vacation pay, your first step should be to contact your former employer for an explanation. The company’s payroll or HR department should be able to provide an answer; failing that, you can try to contact the office manager or your former supervisor. If your former employer hasn’t paid your outstanding wages on your regular payday after leaving a job, and you’ve failed to remedy the situation with your former employer, contact your local Department of Labor (DOL) Wage and Hour Division office to file a complaint. Filing a claim against an employer and winning a case may also entitle the employee to compensation for attorney and court fees. An employee must file any reports if an employee’s wages were withheld within four years. Filing a wage claim with your state authorities can allow employees to recover their pay along with penalty fees paid by an employer for each day payment is late up to 30 days. Employees who believe their paycheck rights have been violated should consider seeking guidance from the California Labor Commissioner’s Office or consulting with an employment attorney.

An employer may be breaking the law if they aren’t paying you in a timely manner or if they aren’t paying you the wages you’ve earned. Employers are not legally required to have a reason to fire employees, but they cannot use withholding wages as a punishment or as leverage. Wage theft includes intentionally failing to pay an employee or independent contractor for wages, bonuses, overtime pay, tips, or commissions. Filing a lawsuit to collect the wages, applicable penalty pay, and the cost of legal representation is also an option. If an employee’s paycheck is late, the employer could face waiting time penalties. In California, an employer cannot fail to issue a paycheck for wages or salary earned for any reason. Employers are also mandated to pay their employees on time, whether weekly, bi-weekly, or semi-monthly, according to regular pay dates. If an employer knowingly and consistently violates such rules, employees may file a complaint and, if necessary, proceed to legal action.


What happens if a company never pays you?

When an employer pays an employee late or fails to pay wages entirely, the employee can file a claim against the employer under California Labor Code 210 or the Private Attorneys General Act. The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of the State of California for unpaid wage or wage theft. Employees who believe they have been denied their pay or are victims of wage theft can contact their state’s labor department or the U.S. Department of Labor’s Wage and Hour Division to recover their wages. Employees also have the option to seek help from an employment attorney who specializes in wage theft cases. If the employer pays the employee late a second time or willfully or intentionally pays the employee late the first time, the penalty that can be recovered is $200 together with 25% of the amount that the employer paid late. For example, if a worker earns a paycheck of $1,000 and is paid late, the employee would be entitled to recover $100 for the penalty that he or she is owed. If the employer fails to pay the employee on time for two pay periods, the employee would be entitled to recover $100 for the first violation, $200 for the second violation, and 25% of $1,000 or $250 for the second violation.

Employers who fail to pay wages on time or withhold wages are subject to penalties under California labor law. Workers who are not paid for their work have a right to recover any back pay they are owed as well as penalties assessed against their employers. The waiting time penalty is equal to the employee’s daily pay rate for each day you do not receive the final paycheck, up to 30 days. If an employee’s paycheck is late, statutory penalties apply not only to regular pay but also to overtime and premium pay for missed breaks. Late payments could mean being late on rent, on bills, or on car payments, creating financial difficulties for employees. Penalties for late payments are designed to hold employers accountable and protect employee rights. If a company never pays its workers, employees should take legal action, which could include filing a lawsuit or seeking penalties through the Labor Commissioner’s Office.


Can you get your boss in trouble for not paying you?

If the employer doesn’t pay you all of the wages you have earned, they are violating Federal Law. Your employer may owe you money for unpaid wages if they’ve failed to properly compensate you. An employer cannot refuse to pay you for work you have performed on the job. If your employer has violated federal labor law or state laws, such as failing to pay minimum wage, denying overtime pay, or withholding owed wages, you may be entitled to take legal action to recover the unpaid wages. In California, an employer cannot withhold wages or delay payment beyond the statutory deadlines. Employees have the legal right to be paid on time and pursue penalties against employers who violate wage laws. If your employer withholds your paycheck or threatens to withhold your paycheck for any reason, reach out to a California employment lawyer right away. Employees can report an employer for not paying wages to the Department of Labor’s Wage and Hour Division. Filing a claim against an employer for late payments can also entitle employees to recover additional compensation for financial hardship caused by the delay. If the employer fails to issue payment promptly, employees may file a complaint with the Labor Commissioner or take legal action to recover wages and penalties.

Employers who intentionally withhold paychecks or engage in wage theft may face legal penalties, including fines and court-ordered restitution. California labor laws strongly safeguard employees from facing retaliation for asserting their rights, such as filing an unpaid wages lawsuit. An employee may file a complaint with the California Labor Commissioner’s Office or pursue a lawsuit to recover wages, penalties, and damages. If your employer is charged criminally for wage theft, the judge will likely order them to give you the unpaid wages as restitution for their crime. Retaliation by employers against workers who file complaints is prohibited under California labor laws. Legal actions against employers who fail to pay wages can result in penalties and additional compensation for employees. Wage theft and failure to pay on time are serious violations that can get an employer in trouble both legally and financially.


Is it worth suing your employer?

Suing your employer for unpaid wages can be worth it, as employees have the right to recover back pay, penalties, and damages for financial hardship caused by wage theft. Workers who are not paid on time or who are not paid for their work have a right to recover any back pay that they are owed. Employees may also recover penalties assessed against their employers for wage violations. Under California Labor Code 210, the penalty for a second violation is $200 plus 25% of the amount that was paid late. Filing a lawsuit can allow employees to recover wages, penalty fees, and legal costs. Additionally, legal actions against an employer can encourage better compliance with labor laws, helping to protect employee rights. Consulting with an employment attorney can help evaluate the details of your case and determine the best course of action.

Employers who violate wage payment laws may face significant legal and financial consequences. Filing a wage claim or lawsuit is a necessary step for many workers to recover what they are rightfully owed. Penalties for late or withheld wages serve as a deterrent for employers and help ensure compliance with labor laws. In some cases, employers may be willing to settle disputes outside of court to avoid litigation, making the process faster and less stressful for employees. Filing a lawsuit is particularly important when employers knowingly and repeatedly fail to pay wages on time or engage in wage theft. It is always recommended to document hours worked, wages owed, and any communication with the employer regarding payment discrepancies. Suing your employer may be the only way to receive fair compensation for your work and hold them accountable for violating labor laws.


Should I go to work if I didn’t get paid?

It’s usually best to attempt to resolve pay disputes with your employer before refusing to work.  While you may be able to refuse to work, it’s best to continue working even if you are not paid. Depending on your contract, your employer may have grounds to fire you for refusing to work. Employers are required to pay employees for all hours worked according to the agreed-upon terms of employment. If your employer hasn’t paid you, consider taking steps such as checking your employment contract and documenting hours worked to protect yourself. You should first try to resolve the payment issue with your employer before refusing to work. If your employer fails to pay wages on time, employees have the right to pursue penalties under state labor laws. In California, wage theft and failure to pay wages are considered violations of labor law, and employees can seek penalties through the Labor Commissioner’s Office.

Refusing to work without addressing the issue with your employer could jeopardize your employment status. Employees should first attempt to negotiate and come to an agreement with their employer regarding unpaid wages. Filing a wage claim or lawsuit may be necessary if the employer continues to withhold payment. Consulting with an employment attorney can help clarify your rights and guide you on the appropriate steps to recover unpaid wages. Employers who fail to pay wages or issue paychecks on time may face penalties, including compensation for affected employees. Workers should take legal action if necessary but continue to document hours worked and all interactions with their employer regarding payment issues. Filing a complaint with the Labor Commissioner’s Office or pursuing legal action is the best course of action if payment issues persist.


Can a job fire you without pay?

An employer cannot fire an employee  and then refuse to pay them for hours the employee worked for the employer. If you are fired or laid off, your employer must pay all wages due to you immediately upon termination (California Labor Code Section 201). In California, it is a legal requirement for employers to pay wages in a timely manner to their employees. California law prohibits an employer from retaliating against an employee who reports wage theft, including termination of employment, demotion, or reducing the employee’s pay or hours. Employers are mandated to pay their workers the compensation amounts that the employers have promised to pay, including their hourly wage for all hours worked or their regular salary, bonuses, commissions, and all other types of promised compensation. Employers who knowingly fail to pay employees on time or fail to issue a paycheck may be subject to penalties and legal consequences. The penalty for failing to deliver a final paycheck adds up to a day’s wage for every day past the legal deadline in which the wages remain unpaid, up to a maximum of 30 days. Employees who believe they have been unfairly terminated or denied wages are entitled to take legal action to recover unpaid compensation. The Fair Labor Standards Act states that an employer must pay employees. In California, an employer cannot fail to issue a paycheck (including a final paycheck) for wages or salary earned for any reason.

If an employee is terminated, California law requires the employer to pay all wages and accrued benefits immediately at the time of termination. Withholding wages for any reason after firing an employee can lead to penalties under state labor laws. Workers who have been denied their wages after termination may file a claim with the California Labor Commissioner’s Office. Employers are required to pay employees for all hours worked according to the agreed-upon terms of employment, whether they are terminated or voluntarily leave their job. Filing a lawsuit to collect the wages, applicable penalty pay, and the cost of legal representation is an option if the employer does not comply. Employers who fail to pay their terminated employees risk violating labor laws and incurring legal and financial penalties. Employees must be compensated fully and promptly for their work regardless of the circumstances of their termination. Employers withholding pay after termination can be held accountable through legal processes.


What if my job didn’t pay me after I quit?

California law requires employers to issue the final paycheck immediately for employees who get terminated or resign with at least 72 hours’ notice. If you do not provide notice before your resignation, the employer must issue the final paycheck within 72 hours. The final paycheck must include the employee’s earned wages, accrued PTO, the cash value of other accrued benefits, bonuses, and expense reimbursements. If an employer intentionally withholds your final paycheck, you can file a lawsuit to recover the unpaid wages plus interest, a waiting time penalty, reasonable attorneys’ fees, and court costs. The waiting time penalty is equal to the employee’s daily pay rate for each day you do not receive the final paycheck, up to 30 days. If your former employer hasn’t paid your outstanding wages on your regular payday after leaving a job, and you’ve failed to remedy the situation with your former employer, contact your local Department of Labor (DOL) Wage and Hour Division office to file a complaint. Employees can seek assistance from the California Labor Commissioner’s Office to recover wages owed after quitting.

Employers who fail to pay their employees after they quit are subject to penalties under California labor law. Workers who are not paid for their work or are denied their final paycheck may file a claim against the employer under California Labor Code 210 or the Private Attorneys General Act. Filing a complaint with the Labor Commissioner’s Office allows the state to investigate wage violations and enforce payment. Withholding final paychecks violates California labor laws and may result in additional penalties for the employer. Employees can also pursue legal action to recover damages for financial hardship caused by delayed or withheld final paychecks. Seeking guidance from an employment attorney can help employees understand their legal options and recover unpaid wages. Employers are required to pay employees for all hours worked, including the final paycheck, and failure to do so can lead to significant legal consequences. Employees must document their hours worked and maintain records of communication with their employer regarding final payments to support their case.


Can an employer withhold pay without notice?

California’s labor laws prohibit employers from withholding pay for any reason unless it is legally justified. Employers are typically not allowed to withhold an employee’s paycheck as a form of punishment, retaliation, or for any reason not authorized by law. Any deductions from an employee’s pay must be legally justified, such as for taxes, court-ordered wage garnishments, or other authorized deductions like health insurance premiums or retirement contributions. If an employer withholds pay as punishment in California without a legally valid reason, it may be considered a violation of state labor laws, and employees would have recourse through filing a complaint with the California Labor Commissioner’s Office or seeking assistance from an employment attorney. California law requires workers to be paid for all hours worked, regardless of any employment disputes. If an employee’s paycheck is late, the employer could face waiting time penalties. Filing a wage claim with the California Labor Commissioner’s Office can hold employers accountable for withholding pay.

Employers who violate paycheck rights in California can face penalties and legal consequences. Employees who believe their paycheck rights have been violated should consider seeking guidance from the California Labor Commissioner’s Office or consulting with an employment attorney. Employees are entitled to payment for all hours worked, including overtime pay and other agreed-upon wages, regardless of disputes with the employer. If an employer withholds wages, employees may file a lawsuit to recover wages, penalties, and damages. Employers must pay employees on time and in full, and any failure to do so can be challenged through legal channels. The withholding of wages without legal justification is considered a violation of California labor law and can result in significant penalties for the employer. Employees must document all hours worked, wages owed, and communication with their employer regarding payment to support their case in legal proceedings. Employers who fail to comply with wage laws face strict penalties and are required to compensate employees for delayed or withheld pay.


What happens if your employer doesn’t pay you on time in California?

California labor law provides that an employer cannot be late giving paychecks to their employees. Labor Code Section 210 makes sure employees get paid on time. When paychecks are late, employees have the right to request penalties be paid directly to them through the Labor Commissioner’s office. Penalties for late payments include $100 for the first late check (or $200 if it is willful) and $200 for each late check after that, plus 25% of the late wage amount. This law applies to all kinds of wages, including any meal and rest break premiums that are owed to employees if they are denied compliant meal or rest breaks. Employees who are not paid on time can file a claim with the Labor Commissioner to recover penalties. Filing a lawsuit is another option to recover wages, penalties, and damages caused by the late payment of wages.

Employers who consistently fail to pay wages on time may face additional penalties under California law. Workers have the legal right to be paid for their work within the specified timeframes outlined by California labor laws. Filing a wage claim with the California Labor Commissioner’s Office is the first step for employees to recover their wages and penalties. Late paychecks are a violation of the California Labor Code and can result in significant financial penalties for employers. Employers must adhere to regular pay schedules and ensure all wages owed are paid on time, including overtime pay and premium pay for missed breaks. Employees who are not paid on time may also be entitled to compensation for financial hardship caused by the delay. Consulting with an employment attorney can help employees understand their legal options and recover unpaid wages. California labor laws are designed to protect workers and ensure they are compensated fairly and on time.


Penalty for late paycheck California

California Labor Code 210 states that those who fail to pay employees on time shall be subject to financial penalties as follows: $100 for the first violation and $200 for each subsequent or willful violation, plus 25% of the late wage amount. Waiting time penalties are financial penalties given to employers who purposefully fail to pay the final paycheck of an employee in the necessary time period. If an employee’s paycheck is late, statutory penalties apply not only to regular pay but also to overtime and premium pay for missed breaks. Penalties for late payments are intended to hold employers accountable and encourage compliance with wage laws. Employees may recover penalties through the Labor Commissioner’s Office or by filing a lawsuit. If an employee’s paycheck is late, they can claim penalties as a form of compensation for the inconvenience and potential financial hardship suffered.

Penalties for late paychecks apply across the board, whether it’s regular pay, overtime, minimum wage, or vacation pay. If an employer consistently violates California labor laws, employees may file a complaint and proceed with legal action. Filing a claim with the California Labor Commissioner’s Office allows employees to recover wages and penalties. Workers may also recover penalties for late or withheld final paychecks, with the penalty adding up to a day’s wage for every day past the legal deadline, up to a maximum of 30 days. Penalties ensure that employers pay employees fairly and on time while compensating workers for financial hardship caused by delays. Employees should document all hours worked and wages owed to support their claims. Employers who fail to pay employees on time risk incurring significant penalties and legal consequences under California labor laws.

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