EmploymentQuestion 916 of 1605

Under Labor Code §1194, an employee who successfully sues to recover unpaid minimum wage or overtime is entitled to recover, in addition to the unpaid wages:

a.Punitive damages equal to ten times the wages
b.Interest, reasonable attorney's fees, and costs of suit
c.Only a $100 filing fee
d.Nothing beyond the wages themselves

Explanation

Labor Code §1194 gives an employee who prevails on a minimum wage or overtime claim the right to recover the unpaid balance plus interest, reasonable attorney's fees, and costs of suit. This one-way fee-shifting provision encourages enforcement of wage laws. It does not provide automatic punitive damages or a ten-times multiplier.

Law Reference: Labor Code §1194

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