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Cal. Labor Code § 1194 (2026)

✓ current as of May 2026
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(a)Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.

(b)The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, 1992.

Notes of Decisions
Cited in 474 cases (249 in the last 5 years), 1947–2026 · leading case: Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992).
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Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992). · cites it 4× “(Lab. Code, § 1194, subd. (a). [4] ) The action is statutory in nature, and not contractual, because "`the liability would not exist but for the statute, and the obligation is created by law in the absence of an agreement.”
Reynolds v. Bement, 116 P.3d 1162 (Cal. 2005). · cites it 4× “(Lab. Code, § 1194.) [1] Liability logically should attach to the person or entity owing the unpaid overtime wages — the employer — but neither in section 1194 nor in other relevant provisions of the Labor Code (e.”
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996). · cites it 7× “Under CaLLabor Code § 1194, “any employee receiving less than the legal minimum wage or the legal overtime compensation .”
Ridgeway v. Wal-Mart Stores Inc., 269 F. Supp. 3d 975 (N.D. Cal. 2017). · cites it 6× “OBJECTIONS TO EVIDENCE SUBMITTED IN REPLY Before reaching the relevant substantive issues, the Court notes that Wal-Mart objects to plaintiffs’ revised fee calculations submitted with their reply brief. These revised fees reflect: (1) additional work performed between .”
Cortez v. Purolator Air Filtration Prods. Co., 999 P.2d 706 (Cal. 2000). · cites it 4× “Code, § 17200; Lab.Code, §§ 1194, 1198.)" The complaint alleged in substance that plaintiff had been a production worker at the Santa Rosa plant operated by defendant's predecessor in interest Servodyne Corporation from June 20, 1990, until May 11, 1993.”
Joseluis Alcantar v. Hobart Serv., 800 F.3d 1047 (9th Cir. 2015). · cites it 4× “HOBART SERVICE SUMMARY** Labor Law / Class Certification The panel affirmed in part, and reversed and remanded in part, the district court’s orders denying class certification and granting partial summary judgment in an action brought by a putative class of service technicians,…”
Martinez v. Combs, 231 P.3d 259 (Cal. 2010). · cites it 2× “Labor Code Section 1194. As noted at the outset, the Legislature has not, within the four comers of section 1194, either defined the employment relationship or identified the persons who are liable under the statute for unpaid wages.”
Grant Fritsch v. Swift Transp. Co. of Az, 899 F.3d 785 (9th Cir. 2018). “Cal. Labor Code § 1194 (a) provides in relevant part: [A]ny employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or…”
Flowers v. Los Angeles Cnty. Metro. Transp. Auth., 25 Wage & Hour Cas.2d (BNA) 1264 (Cal. Ct. App. 2015). · cites it 6× “Labor Code section 1194 minimum wage requirements Labor Code section 1194 accords an employee a statutory right to recover unpaid wages from an employer who fails to pay the minimum wage.”
Sav-On Drug Stores, Inc. v. Superior Court, 96 P.3d 194 (Cal. 2004). · cites it 2× “The operative second amended complaint alleges violation of the overtime statutes (Lab.Code, § 1194 et seq.) and the unfair competition law (Bus.”
Bell v. Farmers Ins. Exch., 7 Wage & Hour Cas.2d (BNA) 838 (Cal. Ct. App. 2001). · cites it 3× “Statutory Authority for Interim Award of Attorney Fees Having found no error in the decisional underpinning of the award of attorney fees, we proceed to consider whether the applicable statute, Labor Code section 1194, 22 authorizes an interim award of attorney fees.”
Gentry v. Superior Court, 165 P.3d 556 (Cal. 2007). · cites it 2× “[3] That statute states: "Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount…”
Show all 474 citing cases →
— Cal. Labor Code § 1194(a) — 27 cases
Lorrie Poublon v. C.H. Robinson Co., 846 F.3d 1251 (9th Cir. 2017).
Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996). “Under CaLLabor Code § 1194, “any employee receiving less than the legal minimum wage or the legal overtime compensation .”
Avalos v. Foster Poultry Farms, 798 F. Supp. 2d 1156 (E.D. Cal. 2011).
Rodney Gregory, Individually & on Behalf of All Others Similarly Situated v. Scie, Llc, Dba Epsg Mgmt. Servs., Lp, 317 F.3d 1050 (9th Cir. 2003).
Reinhardt v. Gemini Motor Transp., 869 F. Supp. 2d 1158 (E.D. Cal. 2012).
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