California Minimum Wage & Labor Laws (2026)
In 2026, the California minimum wage is $16.90/hour. Overtime is required daily (over 8 hrs) and weekly (over 40). Below are the wage, overtime, final-paycheck and break rules, a calculator pre-set to California, and how to file a wage claim if you're owed money.
- Overtime
- Daily over 8 hours and weekly over 40. California requires 1.5× over 8 hours/day and over 40/week. Double time (2×) applies over 12 hours in a workday. On the 7th consecutive day worked in a week, the first 8 hours are 1.5× and hours beyond 8 are 2×.
- Tipped pay
- $16.90/hr in full. No tip credit: tipped staff must be paid the full minimum in cash, with tips on top.
- Final paycheck
- Fired: Immediately, at the time of termination. Quit: Within 72 hours; immediately if 72 hours' notice was given.
- Meal & rest breaks
- Meal: 30-min unpaid meal for shifts over 5 hrs; 2nd meal over 10 hrs. Rest: 10-min paid rest per 4 hrs worked.
California pay & overtime calculator
Pre-set to California. Enter your rate and hours.
Your hours
Your pay this week
OT $30.00/hrCalifornia follows the FLSA weekly rule: 1.5× the regular rate for hours over 40 in a workweek.
California figures are current for 2026 and compiled from the U.S. Department of Labor and California's labor department. Cities and counties may set higher local minimums, and industry rules vary, so confirm with your state labor department before relying on this for payroll or a legal decision.
Next change: minimum wage $17.40 on January 1, 2027
Annual inflation adjustment; fast-food and local rates differ. Official source. Get a reminder before it starts.
How to file a wage claim in California
To recover unpaid wages in California, file with California Labor Commissioner's Office (DLSE). Federal law lets you claim up to 2 years of back pay (3 if the violation was willful), plus an equal amount in liquidated damages.
- Agency
- California Labor Commissioner's Office (DLSE). File a wage claim
- Federal window
- 2 years of back pay, or 3 if the violation was willful, plus equal liquidated damages.
- California adds
- California adds waiting-time penalties of up to 30 days' wages, plus liquidated damages for minimum-wage violations.
Step by step
- 1Gather your records
Collect pay stubs, time records, schedules and any texts about hours. In California, your own honest records can carry a claim if the employer's are missing.
- 2Work out what you're owed
The back-pay estimator adds up the unpaid wages and how far back you can recover them.
- 3Send a written demand
Many disputes settle after a dated letter that states the amount owed and the deadline you're giving the employer to pay.
- 4File with California Labor Commissioner's Office (DLSE)
If the employer doesn't pay, file a wage claim with the agency below. Filing is free and you don't need a lawyer.
- 5Mind the deadline
Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter deadline for its own process, so don't wait.
California wage claim questions
Who do I file an unpaid-wage claim with in California?
California Labor Commissioner's Office (DLSE). You can also sue in court, often with an employment attorney.
How far back can I recover unpaid wages in California?
Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages. California adds waiting-time penalties of up to 30 days' wages, plus liquidated damages for minimum-wage violations.
Can my employer retaliate for filing a wage claim in California?
No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.
Cities in California with a higher minimum wage
These California localities set a local minimum above the state's $16.90/hr: