Employer didn't pay wages owed — suing in California small claims court
Compare the two routes honestly. The Labor Commissioner is free and uncapped and is the right choice for most wage claims. Small claims makes sense when the amount is modest and you want a faster, simpler hearing.
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)).
Three years for statutory wage claims; four years if the claim is framed on a written employment contract (Code Civ. Proc. § 337). Separate shorter deadlines apply to some penalties.
The rule that decides most of these cases
Before you use small claims, consider the Labor Commissioner. Filing a wage claim with the California Division of Labor Standards Enforcement is free, has no dollar ceiling, and the agency investigates for you — which is usually a better deal than a $12,500 small claims cap. (Lab. Code § 98)
An employer who wilfully fails to pay final wages owes a waiting time penalty of your daily wage for each day late, up to 30 days. (Lab. Code § 203)
What this kind of case is worth
Unpaid wages claims in California small claims court typically run from $500 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.
- Pay stubs for the periods in dispute, and for a normal period to show your usual rate
- Your own record of hours worked — a diary, timesheets, clock-in screenshots, scheduling app exports
- The offer letter or any writing stating your rate of pay
- Texts or emails about schedules and shifts
- Your final paycheck and the date you actually received it
- Bank records showing what was deposited and when
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you were an independent contractor — California's ABC test makes that hard to sustain for most workers
- They claim you were exempt from overtime — exemption depends on actual duties and a salary threshold, not on a job title
- They dispute your hours — this is why a contemporaneous personal record matters so much
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
Is small claims or the Labor Commissioner better for unpaid wages?
For most people, the Labor Commissioner. It is free, there is no $12,500 ceiling, the agency gathers evidence and holds a hearing, and it handles the penalty claims that are easy to miss. Small claims is the better route when the sum is small, you want it resolved quickly, and you would rather present it yourself than wait on an agency queue.
What is a waiting time penalty?
Labor Code § 203 adds a penalty when an employer wilfully fails to pay final wages on time: one day of your usual wages for every day the payment is late, capped at 30 days. On a $200-a-day job that is up to $6,000 on top of the wages themselves, which is often larger than the unpaid wages.
When are my final wages due?
If you were fired or laid off, immediately on your last day. If you resigned with at least 72 hours' notice, on your last day; if you quit with less notice, within 72 hours. Missing these deadlines is what triggers the § 203 penalty.
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.