The short answer
- California's minimum wage is $16.90 an hour in 2026 for all employers, and it rises to $17.40 on January 1, 2027. If your city or county sets a higher rate, your employer must pay the higher one.
- Overtime starts after 8 hours in a day or 40 hours in a week for most hourly workers. You earn time and a half, and double time after 12 hours in a day.
- Work more than 5 hours and you are owed a 30-minute meal break, plus a paid 10-minute rest break for every 4 hours. A missed break earns you one extra hour of pay.
- Every paycheck must come with an itemized pay stub that shows your hours, rates, deductions and your employer's legal name. Keep every stub, and keep your own record of hours.
- You get at least 40 hours or 5 days of paid sick leave a year once you qualify. You can use it for checkups and other preventive care, not just illness.
- If you are paid short, you can file a wage claim with the Labor Commissioner's Office. You do not need a lawyer, a Social Security number or photo ID. The helpline is 833-526-4636.
Figures are as of October 29, 2026; check the linked sources before you rely on a number. Two related topics have their own guides: the minimum wage for health care workers, and medical leave in California.
Minimum wage in 2026 and 2027
California's statewide minimum wage has been $16.90 an hour since January 1, 2026, and it applies to all employers, whatever their size, according to the Labor Commissioner's Office. On July 31, 2026, the state Department of Finance certified the next increase. From January 1, 2027, the minimum wage will be $17.40 an hour.
| Period | Statewide minimum wage | Minimum yearly salary for the overtime exemption (full time) |
|---|---|---|
| 2026 (since January 1, 2026) | $16.90 an hour | $70,304 |
| 2027 (from January 1, 2027) | $17.40 an hour | $72,384 |
What the salary figure means. Some salaried employees are "exempt" from overtime. To be exempt, you must be paid a salary of at least twice the state minimum wage for full-time work. For 2027 the Labor Commissioner works it out as $17.40 × 2 × 40 hours × 52 weeks = $72,384; for 2026 the figure is $70,304. Salary alone is not enough: you must also meet the duties and other requirements of the specific exemption. A job title does not make you exempt. If you are paid less than the threshold, the exemption does not apply.
Higher rates for some industries. State law sets a higher minimum for some kinds of work:
- Fast food. Covered fast food restaurant workers must be paid at least $20.00 an hour, a rate in effect since April 1, 2024, according to the Labor Commissioner's minimum wage page (dated December 2025). Check the Labor Commissioner's fast food questions page for any later change.
- Health care. Since October 16, 2024, certain health care workers must be paid a higher minimum wage. See our guide to the health care worker minimum wage.
The rules must be posted at work. Employers must post the statewide minimum wage order and the wage order for their industry where employees can see them.
For what else changes in January, see California's minimum wage goes to $17.40 on 1 January 2027.
City and county minimum wages
Some California cities and counties set a local minimum wage that is higher than the state rate. Where a local rate applies, your employer must pay the higher rate. The Labor Commissioner's Office points workers to a list kept by the University of California, Berkeley, Labor Center. That inventory of local minimum wage ordinances, last updated in September 2026, shows 40 California cities and counties with their own rate. Some examples:
| City | Hourly minimum wage | In effect since |
|---|---|---|
| Emeryville | $20.34 | July 1, 2026 |
| West Hollywood | $20.25 | January 1, 2026 |
| Mountain View | $19.70 | January 1, 2026 |
| San Francisco | $19.61 | July 1, 2026 |
| Berkeley | $19.61 | July 1, 2026 |
| Sunnyvale | $19.50 | January 1, 2026 |
| San Jose | $18.45 | January 1, 2026 |
| Los Angeles (city) | $18.42 | July 1, 2026 |
| Oakland | $17.34 | January 1, 2026 |
These rates took effect on January 1 or July 1, and local rates can change during the year. Before you rely on a number, check your city or county's own minimum wage page.
When two rates apply, the higher one wins. Oakland's rate for 2026, for example, is $17.34. Unless Oakland raises it, the state rate of $17.40 will be higher from January 1, 2027, and employers there would have to pay at least $17.40.
Overtime: daily as well as weekly
California's overtime rules go further than a simple 40-hour week. Most hourly workers earn overtime by the day as well as by the week. The Labor Commissioner's wage claim worksheet instructions (DLSE Form 55) set out the rules:
| When you work | What you are owed |
|---|---|
| More than 8 hours in a workday | 1.5 times your regular rate for the hours over 8 |
| More than 40 hours in a workweek | 1.5 times your regular rate for the hours over 40 |
| More than 12 hours in a workday | 2 times your regular rate for the hours over 12 |
| The 7th day in a row you work in the same workweek | 1.5 times for the first 8 hours, and 2 times for any hours over 8 |
Exceptions exist. The same instructions note different rules for agricultural work, certain truck drivers and employers with a valid alternative workweek schedule. The Labor Commissioner's Work Hours Calendar adds that some workers, such as certain domestic workers, are covered by different overtime rules. Employees who are properly exempt (see the salary test above) are not owed overtime.
Two examples (fictional): Ana earns $18 an hour and works 9 hours a day, 5 days in a row. Each day she has 8 regular hours and 1 overtime hour. For the week she is owed 40 regular hours × $18 = $720, plus 5 overtime hours × $27 = $135, a total of $855 before deductions. Ben earns $20 an hour and works one 13-hour day. He is owed 8 hours at $20 ($160), 4 hours at $30 ($120) and 1 hour at $40 ($40): $320 for that day.
Overtime is figured from your "regular rate of pay." If you are paid by the piece, by commission or with bonuses, the math is harder; the Labor Commissioner's Office can help you check it.
Meal and rest breaks
The Labor Commissioner's questions page on meal periods and its guide to rest and meal periods set out the minimum breaks:
| Break | When it is due | Paid? |
|---|---|---|
| First meal break, at least 30 minutes | When you work more than 5 hours; no later than the end of your 5th hour of work | No, if you are relieved of all duty |
| Second meal break, at least 30 minutes | When you work more than 10 hours in a day | No, if you are relieved of all duty |
| Rest break, at least 10 minutes | For every 4 hours worked, or major fraction of 4 hours; as near the middle of each 4-hour stretch as practical | Yes |
- Skipping a meal break. You and your employer can agree to skip the first meal break only if your total workday is no more than 6 hours. The second meal break can be skipped only if your workday is no more than 12 hours and you did not skip the first one.
- Duty-free means duty-free. Your employer must actually relieve you of all duty and must not discourage you from taking your break. If you are required to stay at the worksite during your meal break, it must be paid.
- "On-duty" meal breaks are allowed only when the nature of the work prevents you from being relieved of all duty, and only with a written agreement that you can cancel at any time. An on-duty meal break is paid.
- Short shifts. If your total work time for the day is 3½ hours or less, a rest break is not required.
- If you do not get a break you are owed, your employer must pay you one additional hour of pay at your regular rate for each workday a required meal break is not provided, and the same for rest breaks. This extra hour does not count toward overtime.
Why it matters for your health. Breaks give you time to eat, drink water, use the restroom and rest during a long shift. If you work in heat, indoors or outdoors, California has separate heat-illness rules; see our guide to California's two workplace heat standards.
Paydays and your pay stub
When you must be paid. Under the general rule in Labor Code §204, all earned wages must be paid at least twice a month, on paydays the employer sets in advance. The Labor Commissioner's Pay Days guide explains the timing: wages for work from the 1st to the 15th must be paid between the 16th and the 26th of that month, and wages for work from the 16th to the end of the month must be paid between the 1st and the 10th of the next month.
What your pay stub must show. Labor Code §226 requires your employer to give you an itemized wage statement with each payment, either as a detachable part of the check or separately. It must include these nine items:
| The pay stub must show | What to check |
|---|---|
| 1. Gross wages earned | Hours times your rate, plus any overtime and break premiums |
| 2. Total hours worked (not required for employees who are exempt from overtime) | That it matches your own record of hours |
| 3. Piece-rate units earned and the rate for each, if you are paid by the piece | That the count is right |
| 4. All deductions (deductions you authorized in writing may be grouped as one line) | That you recognize every deduction |
| 5. Net wages earned | That it matches what you actually received |
| 6. The start and end dates of the pay period | That no days are missing |
| 7. Your name and only the last four digits of your Social Security number, or an employee ID number | That your full Social Security number is not printed |
| 8. The name and address of the legal entity that is your employer | Note it down: it is useful if you ever file a claim |
| 9. Every hourly rate in effect during the pay period, and the hours worked at each rate | That overtime and double-time hours appear at the right rate |
Your payroll records. You have the right to inspect or copy the payroll records your employer keeps about you. Your employer must comply as soon as practicable and no later than 21 calendar days after your request. Make the request in writing and keep a copy.
If the stub is wrong. If an employer knowingly and intentionally fails to provide a correct stub, you can recover the greater of your actual damages or $50 for the first pay period with a violation, and $100 for each later pay period with one, up to a total of $4,000.
Keep your own record. The Labor Commissioner's Work Hours Calendar asks workers to write down the dates and hours they work and the amounts they are paid, and to keep every pay stub. If you ever file a claim, these records are your evidence.
Your final paycheck
California sets short deadlines for your last paycheck, as the Labor Commissioner's Work Hours Calendar summarizes:
| How the job ends | When your final pay is due |
|---|---|
| You are fired | On your last day of work |
| You quit and gave at least 72 hours' notice | On your last day of work |
| You quit without 72 hours' notice | Within 72 hours |
If it is late. If your employer withholds your final pay, you may be owed an extra day's wages for each day it is late, for up to 30 days. This is often called a "waiting time penalty."
Do not sign away wages you have not received. Under Labor Code §206.5, an employer may not require you to sign a release of a claim for wages due unless those wages have been paid. A release signed in violation of that rule is void, and requiring one is a misdemeanor. The same law covers being required, as a condition of being paid, to sign a statement of hours that the employer knows is false.
- Before your last day, ask how and when your final pay will reach you.
- Check the final pay stub against your own record of hours, overtime and missed-break premiums.
- Do not sign any release or "final hours" statement you believe is wrong.
Paid sick leave: 40 hours or 5 days
Since January 1, 2024, California employers must provide at least 5 days or 40 hours of paid sick leave a year, under Senate Bill 616, as a California Department of Food and Agriculture letter explained. The rules below come from the Labor Commissioner's required workplace poster, revised December 2023:
| Rule | What it means for you |
|---|---|
| Who qualifies | Anyone who works in California for 30 or more days within a year of starting the job |
| How it builds up | At least 1 hour for every 30 hours worked, starting on your first day, paid at your regular wage rate |
| Up-front option | Instead, your employer may give you 5 days or 40 hours, whichever is greater, at the start of each 12-month period |
| Carryover | Unused hours you have built up carry over to the next year; your employer may cap the total at 80 hours or 10 days |
| Yearly use | Your employer may limit your use to 40 hours or 5 days, whichever is greater, in each year of employment |
| When you can start | On your 90th day of employment |
| What you can use it for | Diagnosis, care or treatment of an existing health condition, or preventive care, for you or a family member; and specified purposes if you are a victim of domestic violence, sexual assault or stalking |
| How to ask | Orally or in writing |
| Protection | Your employer may not retaliate or discriminate against you for requesting or using paid sick days |
Example (fictional): Rosa works 24 hours a week, and her employer uses the build-up method. She earns 1 hour of sick leave for every 30 hours worked, so after 10 weeks (240 hours) she has 8 hours banked. From her 90th day on the job she can use those hours for her own checkup or to take her daughter to a doctor's appointment.
Preventive care counts. You do not have to be sick to use sick leave. A checkup or other preventive visit for you or a family member is a covered reason.
For longer absences, such as surgery, pregnancy or caring for a seriously ill relative, see medical leave in California, which explains how job-protected leave and state disability and paid family leave benefits fit together.
Job terms, contracts and what you sign
Most jobs are "at will." Under Labor Code §2922, a job with no set term can be ended by either you or your employer on notice to the other. A job for a "specified term" means one for a period longer than one month. So unless you have a contract for a set period, either side can usually end the job. At will does not mean anything goes: your employer must still pay all wages owed on time and may not punish you for asserting your labor rights (see the next section).
Get the basics in writing. Before you start, ask your employer to confirm in writing:
- Your hourly rate or salary, and your overtime rate.
- Your regular payday and how you will be paid.
- Your usual schedule and where you will work.
- The legal name and address of your employer, the same name that should appear on your pay stub.
Be careful with what you sign.
- Do not sign a release of a wage claim for wages you have not been paid. Such a release is void under §206.5.
- Do not sign a timesheet or statement of hours you know is wrong as a condition of being paid.
- If you are asked to sign an agreement that calls you an independent contractor, limits where you can work after you leave, or makes you repay training costs if you quit, get advice from the Labor Commissioner's helpline or a legal aid organization before you sign. California has specific rules on each of these, and the details matter.
If you speak up: protection from retaliation
California law protects you when you assert your labor rights. The Labor Commissioner's Work Hours Calendar says that if your employer takes action against you for doing so, such as firing you or cutting your hours or pay, you may file a retaliation complaint with the Labor Commissioner's Office. Retaliating or discriminating against a worker who requests or uses paid sick days is also prohibited, according to the paid sick leave poster.
Immigration status. The Labor Commissioner's Office says it does not ask about the immigration status of anyone seeking its help. You do not have to disclose your status to file a wage claim or a retaliation complaint, according to the Department of Industrial Relations.
What to do if you think you are being punished:
- Write down what happened and when: the problem you raised, who you raised it with, and what your employer did afterward.
- Keep texts, emails, schedules and pay stubs from before and after.
- Contact the Labor Commissioner's Office promptly. Retaliation complaints have their own filing deadline, so do not wait to see whether things improve.
How to file a wage claim
A wage claim asks the Labor Commissioner's Office to recover wages you are owed, such as unpaid minimum wage or overtime, missed-break pay or late final pay. The office, formally the Division of Labor Standards Enforcement (DLSE), is part of the California Department of Industrial Relations (DIR).
- Gather your records: pay stubs, your own log of dates and hours, schedules, and any messages about pay.
- Work out what you think you are owed. The Labor Commissioner's wage claim worksheet instructions (DLSE Form 55) show how regular hours, overtime and double time are counted.
- Raise it with your employer if you feel safe doing so. The Labor Commissioner's Office encourages workers to document the problem and raise it with the employer first. If it is not fixed, you can file a claim.
- Call the helpline with questions: 833-LCO-INFO (833-526-4636), in English or Spanish, 8 a.m. to 5 p.m., Monday to Friday. The office also points workers to WageTheftIsACrime.com.
- File your claim with your local Labor Commissioner's office. Offices are listed on the Labor Commissioner's office locations page. You do not need a lawyer, a Social Security number or photo ID, and the office will provide an interpreter in your language.
- Keep copies of everything you file and every notice you receive, and write down any case number you are given.
Deadlines. Do not wait. The Labor Commissioner's guidance on breaks says claims for missed meal and rest periods must be filed within three years. Other kinds of claims, including retaliation complaints, can have different deadlines, so ask the office which deadline applies to you as soon as you can.
Health and safety on the job
- Use your sick leave for care, including checkups and other preventive care.
- Heat. If you work outdoors, or indoors where it gets hot, read California's two workplace heat standards.
- Hurt at work? Get medical care first; in an emergency, call 911. DIR's Division of Workers' Compensation has an Information and Assistance Unit for injured workers.
- Unsafe conditions. Cal/OSHA, DIR's division for workplace safety and health, handles workplace safety.
Whether you are well enough to work, or what limits you need, is a decision for you and your own clinician. Ask them for any work note or restrictions you need.
Where to get free help
- Labor Commissioner's Office (DLSE), part of the California Department of Industrial Relations: wage claims, retaliation complaints, minimum wage, overtime, breaks and paid sick leave. Helpline 833-526-4636 (833-LCO-INFO), English and Spanish, 8 a.m. to 5 p.m. weekdays; local offices are listed on the Labor Commissioner's office locations page. It does not ask about immigration status.
- Cal/OSHA, also part of DIR, for workplace safety and health hazards.
- DIR's Division of Workers' Compensation, Information and Assistance Unit, for questions after a work injury.
- Your city or county, for its local minimum wage. The UC Berkeley Labor Center lists local rates.
This page is general information, not legal advice. The Labor Commissioner's Office decides wage claims; for advice on your own situation, ask that office, a legal aid organization or a lawyer.
Sources
- ICYMI: California's minimum wage set to increase to $17.40 per hour on January 1, 2027 — California Department of Industrial Relations, News Release 2026-66, August 13, 2026.
- California's Minimum Wage to Increase to $16.90 per hour in January 2026 — California Department of Industrial Relations, News Release 2025-118, December 5, 2025.
- Minimum Wage — Labor Commissioner's Office, California Department of Industrial Relations, page marked December 2025, accessed October 29, 2026.
- Inventory of US City and County Minimum Wage Ordinances — UC Berkeley Labor Center, July 23, 2026, updated September 30, 2026, accessed October 29, 2026.
- Work Hours Calendar — Labor Commissioner's Office, California Department of Industrial Relations, undated (file dated April 3, 2025), accessed October 29, 2026.
- Instructions (DLSE Form 55): wage claim worksheet — Labor Commissioner's Office (Division of Labor Standards Enforcement), undated, accessed October 29, 2026.
- Meal periods (frequently asked questions) — Labor Commissioner's Office, California Department of Industrial Relations, revised July 11, 2012, accessed October 29, 2026.
- Rest/Meal Periods — Division of Labor Standards Enforcement, California Department of Industrial Relations, revised January 2011, accessed October 29, 2026.
- Pay Days — Division of Labor Standards Enforcement, California Department of Industrial Relations, revised January 2011, accessed October 29, 2026.
- California Labor Code section 226 (itemized wage statements) — California Legislature, statute text as reproduced by California Public Law, accessed October 29, 2026.
- California Labor Code section 206.5 (release of wage claims) — California Legislature, statute text as reproduced by California Public Law, accessed October 29, 2026.
- California Labor Code section 2922 (at-will employment) — California Legislature, statute text as reproduced by California Public Law, accessed October 29, 2026.
- Circular Letter D2024-01: SB-616 Sick Days — California Department of Food and Agriculture, Fairs and Expositions, January 26, 2024.
- Paid Sick Leave (required workplace poster) — Labor Commissioner's Office, revised December 2023; copy posted by Riverside Community College District, accessed October 29, 2026.
Information notice: this page provides general educational information. It is not legal, medical or financial advice, and it cannot account for your individual circumstances. Sources checked through October 29, 2026.