On February 2, 2026, the California Legislature declined to pass legislation (Senate Bill (SB 310)) that would have created a private right of action to recover unpaid wages. Employees who allege lost wages can still seek recovery either as a statutory penalty through the state Department of Labor Standards Enforcement (DSLE) or as a civil penalty via the Private Attorneys General Act (PAGA), but not both for the same violation.

• On February 2, 2026, the California Legislature declined to pass legislation (SB 310) that would have allowed employees to directly sue for unpaid wages under section 210, maintaining the current enforcement avenues through the labor commissioner or PAGA.
• SB 310 aimed to address delays and limited recoveries in existing processes by proposing a new civil action route for employees, but it failed to pass, leaving the current penalty recovery methods unchanged.
• Employers may want to continue to prioritize timely wage payments and maintain strong payroll controls, as the legislative focus on wage payment issues suggests potential future proposals.

SB 310 targeted the timing of wage payments by proposing a new route for employees to recover penalties under California Labor Code section 210 through an independent civil action—separate from the labor commissioner’s administrative process and PAGA. Section 210 imposes penalties when employers fail to pay wages on time: $100 per employee for an initial violation, and $200 plus 25 percent of the...

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