The Division of Labor Standards Enforcement also known as the Labor Commissioners Office is a crucial part of the Industrial Relations Department. It is the department tasked with the responsibility of investigating all worker retaliation claims. It is also in charge of enforcing labor standards in the state of California to ensure that workers do not work under conditions that are substandard or unlawful.

Before delving into the process of filing a retaliation claim, there are a few facts that you ought to understand:

– You do not require the services of a lawyer when filing this complaint. An interpreter will also be provided in case you are not conversant with the English language.

– Any worker can file a complaint with the commissioner’s office regardless of whether they are in the country legally or illegally.

– You will not need a photo ID or social security number to file your complaint.

How Do You File a Retaliation Complaint?

The RCI (Retaliation Complaint Investigation Unit) is in charge of investigating all employer retaliatory complaints made by their employees. Retaliation can be in the form of reduced working hours or dismissal after an employee has spoken out for ill-treatment at work.

Be Prepared to Submit Your Filing

Before you can file, you need to check whether the deadline has passed. Normally, you are required to file within six months after this act has been performed. Understand that even if you miss the six-month deadline set by the Labor Commissioner, you can still file a private lawsuit.

Preparation involves gathering documents that detail the action taken by the employer. Aim to show that you do not have prior cases of misconduct and that you were within your labor rights when the action was taken.

File Your Complaint

Obtain the Retaliation Complaint form and fill all the details. You can get the form from the website or the Labor Commissioner’s offices closest to you. Normally, it is recommended that people visiting the offices for the first time bring their own interpreters. An interpreter will then be provided on subsequent visits after the form has been submitted.

Once submitted, the complaint will be reviewed and a decision made on whether or not to investigate your employer. A notice will be sent to you to communicate the Office’s decision.

Be Cooperative

If an investigation is commissioned, your assigned investigator will most likely take some of the following actions:

• Interview both parties
• Interview witness that could have witnessed the retaliation act
• Make a visit to the worksite to check for possible evidence
• Issue your employer with subpoenas to furnish documents related to your complaint
• Make a request that both parties have a sit-down to discuss a possible settlement

Go to a Settlement Hearing or Conference

In the event that a settlement hearing is set by this office, both parties will need to make an appearance. Here, questions will be raised about the complaint, and the possibility of a settlement discussed.

If the conference is not successful, a hearing date is then set. For the hearing, you can bring your union rep or attorney. The hearing officer will then make their recommendations based on the evidence provided.

Know All the Likely Outcomes

A written decision will be sent to your address to inform you of the outcome reached during the settlement hearing. This could include:

• Receive pay for the lost wages
• Be reinstated to the previous position
• Enter into an agreement to refrain from retaliatory acts in the future

If a decision is entered in your favor, the employers will normally have a maximum of ten days to either comply or appeal that decision.

Photo Credit: Shutterstock/Elnur

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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.

Photo Credit: Shutterstock/ Billion Photos

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