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

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm

Press Release
May 7, 2026
Pedro Hernandez Recognized at the 2026 ALM Florida Legal Awards Gala



