Filing a Claim When You Have Unpaid Wages in California
Workers in California can file a wage claim if their employers fail to pay them owed wages or benefits. California’s labor laws covers all workers, no matter their of immigration status.
To file a wage claim in California, one can mail, email or personally submit a completed form which may be downloaded (available in different languages) from the Labor Commissioner’s Office website.
Regulations on Timing
A worker must take note of the following allowed timeframes when filing a wage claim in California: Within one year for penalties due to a bounced check or inability to provide access to payroll or employee records or copies thereof
Within two years for an oral contract to pay higher than minimum wage
Within three years for issues on affecting minimum wage, uncompensated rest and meal breaks, overtime, unwarranted deductions from pay, unfulfilled reimbursements, or sick leave
Within four years of a binding written contract
Gathering Employer Information
The Labor Commissioner’s Office will want the address and name of the company as it can be found paystubs, mailing labels, etc, or the vehicle license plate number of the individual who pays the claimant.
Tracking All Worked Hours
When filing a wage complaint, a worker must take note of the time they start and end every work day, including when they have meal or breaks, and the total time worked in hours. If they get paid by contract or piece rate, they must still earn the minimum wage at least for every hour that they have worked. The length of time the worker renders for every contract or piece should be tracked so this may be compared with the total amount of work they have done, thereby guaranteeing that they get paid for their work and that their pay prior to deductions is at least equal to the hourly minimum wage.
Keeping Pay Stubs
Whenever a worker receives payment, the employer is required to provide a paystub or detailed wage statement. This itemized wage statement should include the worker’s name, wages earned and dates of the specific pay cycle; the employer’s name, address and telephone number; and all deductions and accrued hours of paid sick leave.
All information and documents covered above will help a worker assess whether or not they are paid properly, and will be useful in the event that they file a wage claim.
Keep in mind that by law, employers need to maintain correct records of the actual times worked by their employees. If you’re planning to file a wage claim, be ready with your paystubs and other relevant documents that can support your claim before the Labor Commissioner.Nena’s Bacon is now available in Chicken and Beef, with the same distinct smoky flavor plus a lot more value for your health.