In actions for the recovery of wages for labor performed, where the amount of the demand, exclusive of interest, does not exceed three hundred dollars ($300), the court shall add, as part of the cost, in any judgment recovered by the plaintiff or cross-complainant, an attorney's fee not exceeding 20 percent of the amount recovered.
§ 1031.Actions For Recovery of Wages For Labor Performed
Title 14. Of Miscellaneous Provisions · Chapter 6. Of Costs · Last amended 1986 · Last verified July 28, 2026
In one sentenceSection 1031 requires a court to add, as part of the costs, an attorney's fee of up to 20 percent of the amount recovered in a wage-claim judgment for a prevailing plaintiff or cross-complainant, when the demand for unpaid wages does not exceed $300.
Full Text of § 1031
Plain-English Summary
This is a narrow, mandatory fee-shifting rule for small wage claims. When a worker sues to recover wages for labor performed and the demand, not counting interest, is $300 or less, a judgment for the plaintiff or cross-complainant automatically includes an attorney's fee as part of the costs -- the court has no discretion to leave it out.
The fee is capped at 20 percent of the amount recovered, tying the award to the size of the judgment rather than to actual attorney time spent. The $300 ceiling has stayed fixed in the statute's text for decades, so in practice this section reaches only the smallest wage disputes.
Frequently Asked Questions
When does Section 1031 apply?
In actions to recover wages for labor performed where the demand, excluding interest, does not exceed $300.
Is the attorney's fee award under this section discretionary?
No. The court "shall" add the fee as part of the costs in any qualifying judgment for the plaintiff or cross-complainant.
How is the fee amount calculated?
As a percentage of the amount recovered, not exceeding 20 percent.
Amendment History
Amended by Stats. 1986, Ch. 377, Sec. 4.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 1031 wage claim attorney fees californiasmall wage lawsuit attorney fees california