Legal Question in Employment Law in California

You can file a complaint with the Division of Labor Standards Enforcement (DLSE), which is here: http://www.dir.ca.gov/DLSE/ The DLSE usually takes a couple of weeks, but it is a lot faster than suing your employer.

You can also stop working for him and file for unemployment. The State of California does not require you to work for free.

If the company is running out of money, the sooner you start action to collect, the more likely you are to someday get something before they close up. If they file a bankruptcy, you'll file your Claim in that court. Right now, file a claim with the Labor Commission asap. Maybe them contacting the company will get compliance right away. If not, and the company 'fights' the claim in order to stall, then the process takes months. You should determine for yourself whether you think the company will 'catch up' on the pay, or whether you should immediately seek a new job. If you quit because of not being paid, you'll probably qualify for unemployment. If the employer is solvent, not going bankrupt, then all the employees could join forces with one attorney, file their claim for the unpaid compensation, interest, penalties. If you win, you'd be entitled to your attorney fees.