Household worker or nanny pay dispute — suing in California small claims court
Consider the Labor Commissioner first — free, uncapped, and experienced with exactly this. Small claims is the quicker route for a modest final-paycheck dispute.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
3 years — Statutory wage claim (Code Civ. Proc. § 338(a)).
The rule that decides most of these cases
California household employees are covered by wage and hour law, including overtime for many domestic workers under the Domestic Worker Bill of Rights. Being paid in cash by a family does not remove those protections. (Lab. Code § 1450 et seq.)
What this kind of case is worth
Household worker pay claims in California small claims court typically run from $300 to $12,500. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- Your own record of the hours you worked
- Texts and emails about schedules and rates
- Payment records — Venmo, Zelle, checks, or notes of cash paid
- Any written agreement about pay
- Proof of the final period worked and what was paid
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you were a casual babysitter outside the rules
- They claim room and board offset the wages
- They dispute the hours
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
I was paid in cash with no contract. Can I still claim?
Yes. Cash payment and the absence of a written agreement do not remove your wage rights, and the law expects the employer to keep records — so when they have none, your own contemporaneous notes carry real weight. Write down what you remember now, dated, and gather every message about your schedule.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.