California Codes
Cal. Labor Code § 223 (2026)
✓ current as of May 2026
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Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract.
Notes of Decisions
Cited in 39
cases (17 in the last 5 years), 1998–2025 · leading case: Swafford v. Int'l Bus. Machs. Corp., 383 F. Supp. 3d 916 (N.D. Cal. 2019).
Ramirez De Portillo v. Metro Servs. Grp. (N.D. Cal. 2025). “24 Labor Code §§ 223, 1194, 1194.2, 1197 and California Industrial Welfare Commission (IWC) 25 Wage Order § 3-4), (2) failure to pay overtime wages ( Cal.”
Delgado v. Oldcastle Infrastructure, Inc. (E.D. Cal. 2025). “Failure to Pay Hourly Wages and Overtime Claim 3 The third cause of action alleges failure to pay hourly and overtime wages in 4 violation of California Labor Code §§ 223, 510, 1194, and 1198.”
Silva v. Kaiser Found. Hospitals (E.D. Cal. 2025). “) 26 Plaintiff initially alleged fifteen causes of action: CFRA Interference; CFRA 27 Retaliation; Physical Disability Discrimination; Failure to Engage in the Interactive 28 Process; Failure to Accommodate; FEHA Retaliation; Wrongful Termination in 1 Violation of Public Policy;…”
Lopez v. West Coast Arborists, Inc. (E.D. Cal. 2024). “Third Claim2 7 Plaintiff’s third claim alleges that defendant failed 8 to pay overtime wages in violation of California Labor Code § 510 9 and minimum wages in violation of California Labor Code § 223.”
Middleton v. Halliburton Energy Servs., Inc. (E.D. Cal. 2024). “The Settlement Agreement 17 According to the Agreement, Plaintiff’s PAGA claim is based on the following alleged 18 California Labor Code Violations: (1) aggrieved employees were not paid minimum wage for all 19 work performed; (2) aggrieved employees were not paid overtime and…”
Garcia v. Pac. Gas & Elec. Co. (N.D. Cal. 2024). “1 Garcia’s claim for failure to pay overtime under California Labor Code Section 512 is preempted under the first step of Burnside because his CBA provides for wages, hours of work, working conditions, premium wage rates for overtime, and a regular hourly rate over 30% of the…”
Pipich v. O'Reilly Auto Enter., LLC (S.D. Cal. 2024). “7 and 1198; (3) failure to pay all wages earned at the correct rates of pay under 14 California Labor Code §§ 223, 510, 1194, 1197, 1198; (4) failure to indemnify under 15 California Labor Code §§ 1198 and 2802; (5) failure to issue accurate and complete wage 16 statements under…”
Lingle v. Centimark Corp. (E.D. Cal. 2023). “11 Centimark moves also to dismiss Lingle’s PAGA claim to the extent it is based on 12 California Labor Code section 223. Mot. at 17–19; see also Second Am.”
Tielemans v. Aegion Energy Servs. CA6 (Cal. Ct. App. 2023). “7, 1198); (4) failure to pay hourly and overtime wages (Lab. Code, §§ 223, 510, 1194, 1194.2, 1197, 1197.”
Kulik v. NMCI Med. Clinic Inc (N.D. Cal. 2023). “; (2) 8 violation of the California Labor Code §§ 223, 1194, 1194.”
Hovis v. Homeaglow, Inc. (S.D. Cal. 2023). “7]; (6) Failure to Pay Contractual 24 Wages [Lab. Code, § 223]; (7) Coerced Patronage [Lab.”
John Utne v. Home Depot U.S.A., Inc. (N.D. Cal. 2022). “The 6 operative Third Amended Complaint (“TAC”) advances five claims under California Law for (1) 7 failure to pay hourly wages, Cal. Lab. Code §§ 223 , 510, 1194, 1197, 1198; (2) failure to provide 8 accurate written wage statements, id.”
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