California Labor Code 218.5
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- California Labor Code 218.5
California Labor Code 218.5 lets workers recover unpaid wages plus attorney’s fees. Find out how it works and how we can help.
If your employer denies your wages, California Labor Code 218.5 allows you to claim those unpaid amounts and recover legal costs. Here’s how we can make that happen- together.
Throughout our country, many hardworking people live paycheck to paycheck. As employees, they show up day after day and work hour after hour for their employers. They put in long hours to make ends meet and expect their employer to pay them fairly. Unfortunately, some employers take advantage of workers, leaving them short-changed when payday rolls around.
California is no exception. In pictures, California might be all movie stars, surfing, and vineyards. But millions of California workers understand what it means to live from one paycheck to the next, hoping their employer treats them fairly. If not, late fees, late payments, missed rent, and a host of other problems can turn life upside down.
If you’ve ever found yourself with a lighter, smaller, or otherwise flawed paycheck than expected, you might wonder: what can you do about it?
California did something about it when it passed California Labor Code 218.5. This law protects workers from wage theft and gives them the right to recover wages they’re owed. But it’s not always as simple as filing a complaint and getting your money back. Employers often push back, complicate the process, or even retaliate against employees who try to assert their rights. That’s why having a California employment lawyer by your side can make all the difference.
Let’s dive into what Labor Code Section 218.5 really means, how it protects you, and what steps you can take to fight back against wage theft.
What Is California Labor Code 218.5?
California Labor Code 218.5 is a law designed to help workers collect unpaid wages. Simply put, it says that if your employer doesn’t pay you what you’re owed, you have the right to take legal action to recover those wages. And here’s the best part: your employer might even have to pay your attorney’s fees if you win.
This law covers a wide range of unpaid wages, including:
- Unpaid regular wages
- Overtime pay
- Unpaid commissions
- Bonus payments promised but not delivered
California takes wage theft seriously. Employers who fail to pay what they owe aren’t just hurting their workers—they’re breaking the law. And that’s where Labor Code Section 218.5 comes in to protect employees like you.
California Labor Code 218.5 supports workers by allowing them to recover unpaid wages, plus attorney’s fees if they win. A 2023 California state report revealed that wage theft costs workers over $2 billion annually, highlighting the law’s importance in protecting employees from unscrupulous employers who often withhold rightful pay.
Why Labor Code Section 218.5 Is So Important
You work hard, and you deserve to be paid every cent you’ve earned. But wage theft is more common than you might think. Employers may use tricky tactics like misclassifying employees, refusing to pay overtime, or simply not paying at all. For workers who depend on each paycheck to pay rent or buy groceries, even a small amount of unpaid wages can have devastating consequences.
That’s why California Labor Code 218.5 is so crucial. It gives employees the right to sue for unpaid wages and recover the total amount, plus interest. It also allows you to get your attorney’s fees covered if you win, which can be a huge relief for workers who might not have the money to hire a lawyer on their own.
But wage recovery cases aren’t always straightforward. Employers might argue that you weren’t entitled to the wages in the first place or that the hours worked were inaccurately reported. Navigating these kinds of disputes can be stressful and confusing, especially if you struggle to make ends meet. This is why working with a consumer protection attorney is so important—they can handle the legal complexities while you focus on getting back on your feet.
Can I Recover My Attorney’s Fees?
One of the best things about California Labor Code 218.5 is that it allows employees to recover their attorney’s fees if they win. This means that if your employer doesn’t pay you what you’re owed, and you have to go to court to get it, your employer might have to pay your back wages and the cost of hiring a lawyer.
However, there’s a catch: if your employer wins the case, they might be able to ask the court to make you pay their attorney’s fees. This can be a scary thought, especially if money is already tight. But don’t let this discourage you from fighting for what you’re owed. An experienced California employment lawyer can evaluate your case and help you understand your options before you move forward.
Under Labor Code 218.5, California workers can recover unpaid wages and legal fees if they win their case. A study found that nearly 50% of wage theft victims in the state never pursue claims due to fear of retaliation or high legal costs—making this law a crucial tool for empowering workers to seek justice.
How a California Employment Lawyer Can Help You
If your employer has withheld wages, you might feel overwhelmed, angry, or just plain scared about how to take action. You’re not alone. Countless California workers face the same situation yearly, and many don’t know where to turn.
Here’s where a California employment lawyer at Consumer Attorneys can help:
- Evaluating your case. A lawyer will review your pay stubs, employment agreements, and any other documents to determine if your employer has violated Labor Code 218.5.
- Filing a claim. They can help you file a claim with the California Labor Commissioner or, if necessary, file a lawsuit in court.
- Negotiating with your employer. Often, employers will settle wage disputes once they see you have a lawyer on your side. A lawyer can handle these negotiations for you, ensuring you get what you’re owed without the hassle.
- Protecting you from retaliation. It’s illegal for employers to retaliate against employees who file wage claims. A lawyer can help protect your rights if your employer tries to punish you for standing up for yourself.
- Recovering your legal fees. Under Labor Code Section 218.5, your lawyer can help you seek reimbursement for attorney’s fees, making it easier for you to take action without worrying about the cost.
At Consumer Attorneys, we understand how stressful it can be to fight for your rights. We’re here to listen, advise, and stand by your side every step of the way.
Common Examples of Wage Theft Under Labor Code 218.5
Wage theft isn’t always obvious. Here are some examples of how employers might cheat you out of your hard-earned money:
- Misclassifying employees. Labeling you as an “independent contractor” when you’re really an employee to avoid paying overtime or benefits.
- Off-the-Clock work. Asking you to work before or after your shift without paying you for that time.
- Illegal deductions. Taking money from your paycheck for things like uniforms or equipment without your consent.
- Not paying commissions or bonuses. Refusing to pay you the commissions or bonuses you’ve earned, especially if you’ve already met the goals.
If any of these sound familiar, it might be time to talk to a California employment lawyer.
What to Do If Your Employer Owes You Wages
If you believe your employer has violated California Labor Code 218.5, here’s what you should do:
- Document everything. Keep copies of your pay stubs, timesheets, and any written communications with your employer. These documents will be crucial if you decide to pursue a claim.
- Reach out for legal help. Don’t wait to talk to a lawyer. The longer you wait, the harder it can be to recover your wages, especially if your employer tries to cover their tracks. A consumer protection attorney can evaluate your case and explain your legal options.
- File a claim. With a lawyer’s help, you can file a complaint with the California Labor Commissioner or take your employer to court.
- Stand up for yourself. Remember, you have rights. Don’t let your employer bully or intimidate you into accepting less than what they owe you. We’ll repeat that: they owe you this. You’re not asking for special treatment - you’re just asking for what you are already owed.
Why You Need a Consumer Protection Attorney
Navigating the legal system can be intimidating, especially when you’re already dealing with financial stress. That’s why having a consumer protection attorney in your corner can be a game-changer. They know the ins and outs of the law and can handle everything from filing paperwork to negotiating with your employer.
At Consumer Attorneys, we’re not just here to represent you—we’re here to support you. We believe that no one should have to fight for their wages alone. Our team of compassionate and dedicated attorneys is ready to listen to your story, answer your questions, and fight for your rights.
Take Action- Today!
If your employer has shorted you on your wages, don’t let them get away with it. California Labor Code 218.5 exists to protect you, and you deserve to be paid for every hour you’ve worked.
Reach out to Consumer Attorneys today. Our team of experienced California employment lawyers is here to stand by your side and help you get what you’re owed. Don’t let another payday pass you by without getting what you deserve.
Don’t wait—if you think your employer is violating Labor Code Section 218.5, contact Consumer Attorneys now for a free consultation. Let us fight for you, so you can focus on what matters most.
By Phone: +18667306263
Via Email [email protected]
By visiting our office in LA: 16130 Ventura Blvd Suite 300, Encino, CA 91436
Frequently Asked Questions
Labor Code Section 218.5 covers various wage-related claims, allowing employees to recover unpaid wages, overtime, commissions, and promised bonuses. This section addresses cases where employers fail to pay workers what they’re owed, whether it's missed wages for regular hours or additional compensation like overtime and commissions. However, it does not apply to penalties like those under the Private Attorneys General Act (PAGA) If an employer has underpaid you or withheld your earnings, you may have a claim under this law. Consulting with a California employment lawyer at Consumer Attorneys will help determine if your situation falls under Section 218.5 and what steps you can take to recover your unpaid wages.
A “prevailing employee” under Labor Code 218.5 refers to a worker who successfully wins their case for unpaid wages. If you are deemed the prevailing party in court, you can recover the unpaid wages owed to you, and your employer may also be required to cover your attorney’s fees and court costs. This provision empowers employees to pursue their rightful wages without worrying about legal expenses. However, it’s important to note that if an employer wins, they can only recover legal fees if they prove that your claim was made in bad faith. A strong legal case, guided by a consumer attorney, can help protect you from potential risks.
Labor Code Section 218.5 primarily applies when an employee prevails in a wage claim. However, if an employee loses, there’s generally no requirement to pay the employer’s attorney’s fees unless the employer can prove the claim was filed in bad faith. This standard is high, meaning the employer must show that the lawsuit was frivolous or malicious. Most workers who pursue unpaid wage claims in good faith don’t have to worry about this outcome. To protect yourself, it’s essential to work with a consumer attorney who can assess the strength of your case, reducing the risk of financial repercussions if the case doesn’t go your way.
No, you do not have to pay Consumer Attorneys upfront if you lose. We typically work on a contingency fee basis, which means you only pay if we recover wages on your behalf. If your case is successful, Labor Code Section 218.5 may require your employer to cover your legal fees, so the cost of hiring an attorney won’t come out of your pocket. You won’t owe anything for their services if the case is unsuccessful. We designed this arrangement to make it easier for employees to fight for their rights without the burden of upfront legal costs. It ensures that financial constraints don’t prevent you from pursuing justice.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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