Filing a Wage Claim
If your employer has broken any federal law or state law in California, then you are eligible to file a wage claim against him or her. In California, generally wage claims are filed in case the employer fails to provide the minimum wage or fails to provide overtime or meal expenses. If you want to file a wage claim against your employer, then you need to fill out several forms. First, you will have to fill Form 1 and then submit it to the DLSE office. In this form, you will be asked about your current employer, your work hours and the reason behind filing the claim. Depending on the reason, you may have to file several other forms like:
i) In case you are filing a claim due to unreasonable work schedule, then you need to fill form No 55.
ii) If your employer has failed to pay you commission, then you need to fill Form 155.
Filling these forms can be quite tricky. If you make any mistakes, then your claim may get rejected. Hence, it is advisable to ask a lawyer to review your forms. United Employees Law Group can help you out in this regard.
Documents required: Along with the form, DLSE may also ask you to submit some documents like:
1. Time records: They may ask you to submit some proof showing the number of hours and days you have worked over there. In case your office maintains a journal, then you can submit a copy of it as proof.
2. Payslips: You may also have to submit payslips to show how much wage you were getting paid. For cases related to unpaid wages, they are very important.
3. Bounced check: In case checks from your employer have bounced, then you need to submit a copy of those checks.
4. Notice of Employment: You may also have to submit the notice of employment, where your name, wage rate and address are mentioned.
The DLSE will also ask your employer to send all these documents. Hence, even if you have lost them, you don’t have to worry.
Time Limit: In case of most violations like failure to pay minimum wage or overtime, you have to file the claim within 3 years of the date of violation. However, it is advisable to file the claim as soon as possible. This way, it will be easier for you to get hold of all the latest documents.
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