How to Collect Unpaid Wages in California
The Labor Commissioner’s Office is a state agency that makes decisions on claims for unpaid wages in California. It imposes minimum labor standards to make sure that employees are not permitted to work under unlawful conditions. The employers are required to meet certain minimum requirements before they can employ people.
Step 1 – Prepare to file
The claim must be filed within a specific period of time. Employees, therefore, need to check the deadlines. It is vital to identify all employers and gather any documents to prove the claim and if possible identify any property an employer owns in case the employer refuses to pay. The employee must know the legal steps.
Step 2 – File a claim
Complete and file (with supporting documents) the “Initial Report or Claim” with the Labor Commissioner District Office that handles wage claims for the city where an employee has worked. This form is available at any of the office locations and at the agency’s website.
It is vital to attend the settlement conference or the claim may be dismissed.
Step 3 – Settlement conference
For most claims, it is vital to attend a settlement conference, where a Deputy Labor Commissioner will try to help reach a settlement agreement for the payment.
Step 4 – Prove claim at hearing
If the agreement is not reached during the conference, then the claim will move to a hearing. During the hearing, both an employee and employer will testify under oath and submit evidence.
Step 5 – Review the decision and get help if employer appeals
At the hearing, a decision will be made which is called an order, decision or award (ODA). It explains the decision and the amount that must be paid, if any. Appeals must be filed within 10 days. If neither of the parties’ appeal, the decision will become final and enforceable as a court judgement.
Settlement – when an employee enters a settlement agreement, they agree to end the claim and accept employer’s offer to pay.
FAQ
Am I eligible to file?
Yes, California labor law protects all workers regardless of immigration status.
Do I need a lawyer?
No
Where can I find further information?
At your local Labor Commissioner’s office or ask a non-profit organization.
When will I receive my unpaid wages?
It depends on the case as many claims settle and employees receive their settlement either when they sign the settlement agreement or based on an agreed date.
If the case does not settle, the process may take several months.
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