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Unpaid wage & penalty estimator

Missed breaks, off-the-clock work and unpaid overtime add up faster than most people expect — and after you leave, the waiting time penalty can exceed the wages themselves. This works out the arithmetic.

Your work pattern

$
weeks

California wage claims generally reach back three years, and four for some claims — but do not assume, check the deadline.

days
days

Meal and rest premiums are separate — you can be owed both on the same day, but only one of each per day.

hrs

Pre-shift setup, post-shift close, working through breaks, answering messages at home.

hrs

Estimated claim

$0 Wages and premiums owed, before interest

Premiums are paid at one hour of regular pay per missed break.

  • Meal break premiums $0
  • Rest break premiums $0
  • Off-the-clock wages $0
  • Unpaid overtime $0
  • Estimated total $0

Interest and, in some claims, additional statutory penalties may apply on top. This figure is the arithmetic floor, not a ceiling.

How each piece is calculated

ComponentRule applied
Meal break premiumOne hour of regular pay per workday a compliant meal period was not provided — maximum one per day
Rest break premiumOne hour of regular pay per workday a rest period was not provided — maximum one per day, separate from the meal premium
Off-the-clock workHours × regular rate
Unpaid overtimeHours × regular rate × 1.5
Waiting time penaltyDaily wage × number of days final pay is late, capped at 30 days

The premium is not the length of the break

A missed 30-minute meal break is not worth 30 minutes of pay — it is worth one full hour of pay. People routinely undercount their own claim by half because they assume otherwise.

What counts as a missed break

  • No break was provided at all.
  • The break started later than the law requires.
  • The break was cut short.
  • You stayed on duty, on call, or were interrupted and had to respond.
  • You were discouraged from taking it, even without a formal refusal.

A break you voluntarily skipped when a compliant one was genuinely available generally does not generate a premium. The distinction is about whether the employer provided the opportunity — not whether you took it.

Why the waiting time penalty is so large

When employment ends, California requires final wages to be paid promptly — immediately on termination, and within 72 hours where an employee resigns without notice. If the employer wilfully fails to do so, the penalty is a full day's wages for each day the payment is late, up to 30 days.

At $22 an hour on an 8-hour day, that is $176 per day and $5,280 at the cap. For many claims this single component is larger than every unpaid hour combined.

Exempt employees and unusual pay structures

This calculator assumes a non-exempt hourly employee. If you are salaried and properly classified as exempt, most of it does not apply. If you are salaried and misclassified — which is common — it may apply and the numbers can be substantial. Classification is genuinely difficult and worth asking about.

Common questions

Can my employer fire me for raising this?
Retaliation for asserting wage rights is unlawful in California, and a retaliation claim is separate from — and often worth more than — the underlying wage claim. Document the timing carefully if anything changes after you raise it.
Do I need a lawyer, or can I file myself?
You can file a wage claim with the California Labor Commissioner yourself and many people do — our step-by-step guide walks through it. Employment attorneys frequently take larger or multi-employee claims on contingency, so a consultation costs nothing.
How far back can I claim?
Generally three years for statutory wage claims, with four available for some claims brought on other theories. Do not assume — use the deadline checker and confirm it, because the reach-back directly determines the size of the claim.
I do not have my time records. Is the claim dead?
No. Employers are required to keep accurate records, and where they have not, a reasonable estimate by the employee can carry significant weight. Write down what you remember now, while it is fresh — the expense and evidence log is a reasonable place to start.
Not legal advice. This applies general California wage rules to figures you supply. It cannot assess whether you are correctly classified, whether a break was legally compliant, or whether an employer's failure was wilful — each of which changes the answer materially.