Wage Theft & Retaliation

What is Wage Theft & Retaliation

Wage theft occurs when an employer fails to pay workers the full wages or benefits they are legally owed. This can include not paying minimum wage, refusing to pay overtime, forcing employees to work off the clock, withholding tips, denying breaks, or misclassifying employees as independent contractors to avoid paying benefits. Workers experiencing wage theft may feel exploited, powerless, or afraid of retaliation if they speak up. The financial impact can be severe, causing stress, housing insecurity, or difficulty meeting basic needs.

Core Questions

Do you believe you are not being paid fairly by your employer?

Do you feel unsafe at work?

Do you believe someone you know is being harmed at work?

Resources & Support

Help is available. You don’t have to face this alone.

Statewide

County Resources

Alameda County

Marin County

San Francisco County

San Mateo County

Santa Clara County

Know Your Rights

Your rights if you are a victim of wage theft include:

To be paid at least the minimum wage for all hours you work, including training and preparation time.
To receive overtime pay (1.5 times your regular rate) if you work more than 8 hours in a day or 40 hours in a week in California.
To be paid for all hours worked, including rest breaks and meal times required by law.
To get your paycheck on time, with a pay stub that shows your hours, pay rate, and any deductions.
To report wage theft without being punished by your employer. Retaliation is against the law.

To file a wage claim with the California Labor Commissioner’s Office (DLSE) if you are not paid properly, are paid late, are misclassified, miss breaks, or have other wage or labor problems.
To sue your employer in court for wage theft or labor violations, either alone or with a group of workers.
To get help from legal aid or a labor rights advocate to understand your options or file a claim.
To receive all wages owed when you quit or are fired. Final pay is usually due immediately or within 72 hours.
To report violations anonymously to the Labor Commissioner or worker advocacy groups.

Reporting to Non Law Enforcement

You can file a wage claim at the Labor Commission (DLSE) at https://www.dir.ca.gov/dlse/howtofilewageclaim.htm
You can file a retaliation claim at the Labor Commission (DLSE) at https://www.dir.ca.gov/dlse/HowToFileRetaliationComplaint.htm
If you experience discrimination or harassment based on race, religion, national origin, age (over 40), disability, or gender including sexual orientation, gender identity, or pregnancy; human trafficking; or a hate crime, you can file a claim with the California Civil Rights Department at https://calcivilrights.ca.gov/complaintprocess/
You can also report a hate crime online or by phone with the California Attorney General’s Office (California v. Hate) at https://www.cavshate.org/
You can report workplace violence or workplace health or safety claim at
https://www.dir.ca.gov/dosh/Complaint.htm