Minimum Wage & Overtime — Right to Sue

Plain English Summary

If you are paid less than minimum wage or denied overtime, you have the right to sue your employer in court and recover the unpaid wages plus attorney fees.

Impact on IHSS Workers

IHSS providers denied overtime or paid below the county minimum wage can file a civil lawsuit — not just a labor complaint — to recover what they are owed, plus interest and attorney fees.

What This Law Does

California Labor Code § 1194 gives workers the private right of action to sue employers directly for unpaid minimum wages or overtime. This is separate from filing a complaint with the Labor Commissioner.

What You Can Recover

All unpaid wages and overtime
Interest on unpaid wages
Attorney’s fees and court costs (employer pays if you win)

How It Applies to IHSS

IHSS providers are covered by California wage law. If your employer (the recipient or a care agency) has failed to pay you at least the county minimum wage or denied your overtime, you can:

File a complaint with the CA Labor Commissioner at 1-844-522-6734 (free, no attorney needed)
Or sue directly in small claims court (up to $10,000) or civil court

You have 3 years to file a claim for unpaid wages under California law.

Effective: December 31, 1912

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