What are the deadlines for filing a wage claim?
Claims related to a bounced check or lack of access to payroll or personnel records must be filed within one (1) year. Claims based on a verbal promise to pay must be filed within two (2) years. Claims for violations of minimum wage, illegal deductions or overtime from wages or unpaid reimbursements must be filed within three (3) years. Claims based on a written contract must be filed within four years.
Who may file a wage claim?
California labor law protects all workers regardless of immigration status. Any employee who performed work in California may file a wage claim.
What information and documents are required when filing a wage claim?
The Labor Commissioner’s Office will need the name and address of the employer or the license plate number on the vehicle of your employer, supervisor or manager. Any person acting as a supervisor or manager may be held responsible along with the employer. Track all hours worked, meal and rest breaks. Write down the start and end time each day. Contract or piece rate work should still earn at least minimum wage. Keep track of the total time per piece to ensure your pay before deductions is minimum wage or better. Provide pay stubs or wage statements.
How is a wage claim filed?
Wage claims may be filed by mail, email or in person. The claim forms and instructions can be downloaded and printed in multiple languages. If you need help filing your claim, visit or call a Labor Commissioner’s Office location near you. To locate the office nearest you refer to an alphabetical listing of cities, locations and communities. You can also File Wage or Garment Claim Online.
What happens after a claim is filed?
When a wage claim is filed, the Labor Commissioner’s Office investigates the claim to determine if any wages or benefits are owed. In most cases, a settlement conference between the employee and employer is scheduled to resolve the issues. If the issues are not resolved at the conference, a hearing is scheduled so a hearing officer can review the evidence and make a decision on the claim.
Contact our experienced wage theft attorneys who have an extensive understanding of the laws and procedures necessary for a successful wage theft claim.
Schedule a free initial consultation today to discuss your case.