WAGE CLAIM DEMAND LETTER – CALIFORNIA

To: [Employer Name, HR/Legal Department]
From: [Employee Name, via Counsel if applicable]
Date: [DATE]
Employee: [EMPLOYEE NAME]
Position: [JOB TITLE]
Employment Dates: [START DATE] to [END DATE]
Claim Type: [Unpaid Wages / Overtime / Final Pay / Meal-Rest Breaks]

1. INTRODUCTION

This letter demands immediate payment of all unpaid wages. Waiting time penalties are currently accruing under California Labor Code § 203.

2. FACTUAL BACKGROUND

• Hourly Rate / Salary: [$RATE]
• Regular Hours Worked (unpaid): [# hours]
• Overtime Hours (unpaid): [# hours] (1.5x after 8 hrs/day or 40 hrs/week; 2x after 12 hrs/day)
• Missed Meal Periods: [# days] ($1 hour premium each)
• Missed Rest Periods: [# days] ($1 hour premium each)
• Termination Date: [DATE]
• Days Since Termination: [# days] (waiting time penalties accruing)

3. LEGAL BASIS

California Labor Code

• Minimum wage: $16.00/hr (2024) – higher in some localities
• Overtime: 1.5x after 8 hrs/day or 40 hrs/week; 2x after 12 hrs/day
• Final wages: Due immediately upon involuntary termination; within 72 hours if voluntary quit without notice (Lab. Code § 201-202)

Waiting Time Penalties (Lab. Code § 203)

If final wages are not timely paid, wages continue to accrue as a penalty for up to 30 days at the employee's daily rate.

Meal & Rest Period Premiums (Lab. Code §§ 226.7, 512)

• 1 hour of pay per workday for each missed meal period
• 1 hour of pay per workday for each missed rest period

Wage Statement Violations (Lab. Code § 226)

• $50 for initial violation; $100 for subsequent (up to $4,000)

4. DEMAND

5. DEADLINE

Payment due IMMEDIATELY to stop waiting time penalties from continuing to accrue.

Failure to pay will result in filing a claim with the California Labor Commissioner (DLSE) and/or civil litigation, including potential PAGA claims.

Signed:
[Name / Attorney]
[Contact Information]