The 12 days of California Labor & Employment Series – Day 7: Intentional Failure to Pay Wages May Be Grand Theft
In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of the holidays, my labor and employment attorney gave to me: seven swans a-swimming and AB 1003.

AB 1003 defines "theft of wages" as the intentional deprivation of wages, as defined in Section 200 of the Labor Code, gratuities, as defined by Section 350 of the Labor Code, benefits, or other compensation, by unlawful means, with the knowledge that any of these were due to the employee under the law. Theft of wages may include failure to pay overtime, to provide meal and rest breaks, to pay any regular hours worked, and/or forcing someone to work off the clock.
Grand theft can be a misdemeanor or a felony. As a misdemeanor, it is punishable by imprisonment in a county jail for up to 1 year. As a felony, it is punishable by imprisonment in county jail for 16 months or 2 or 3 years. Any unpaid wages or gratuities would be recovered under AB 1003 as restitution.
In addition, AB 1003 incorporates independent contractors within the definition of employee.
Employers should accurately track all hours worked by employees, provide all mandated meal and rest periods, and issue paychecks appropriately. This applies to independent contractors as well. Detailed, accurate, and consistent documentation is a must to prove wage and hour compliance. Employers should train both new and old employees on their payroll processes to minimize mistakes of any kind.
Employers should also take note about some flexibility and/or vagueness apparent in this new law. Intentional is not defined. The law specifically states that if you meet the monetary thresholds, it may be grand theft. However, it does not state it will be grand theft. Accordingly it does not appear to be a law that will target an employer who has followed the law but made an inadvertent/unintentional mistake.
Topics
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



