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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While your employer denies paying your rightful amount, immediately consult the unpaid wages attorney of your area. He will help you to get back the amount; your employer did not pay you. The unpaid wages attorney can help you to recover your:
-Earned bonus and promised bonus
-Vacation
-Earned wages
-Salary and
-Commissions

There are several situations when an employer violates the law and stops paying an employee:
Simply withholds your payment
Several times the employers disagree to adhere to the payment policies of the written employment contract. They try to cheat the employers in this way. You have all right to contact the unpaid wages attorney in such a situation. He can help you to revive your wage, following the legal procedure.

Denies making your final payment
When you leave a company, an employer can refuse to pay your last moth fees. He can continuously delay paying off your rightful amount over and over again. Do not ignore the situation. Immediately seek help from the unpaid wages attorney. He can help you to get back your payment at the earliest.

Refuse to pay your overtime fees
Often the employees are given huge work pressure, and the employers do not bother to pay them extra. At the time of making payments, they offer usual wage amount to the employees, deducing the extra amount. The unpaid attorney can help you to come out of the situation.

Does not pay in the proper time
It is often common in the industry that the employers delay in paying the employees. The employees have the notion that, they have every right to use their employers to the optimum level. In reality, it is not always true. You can expect to get your hard earned money at the correct time. Consult the unpaid wages attorney if required.

Employment contracts are always legal. Both the employee and the employer should adhere to this strictly. If an employee agrees to work for a period at a particular wage, the employee should pay the proper amount to his employee. Whenever the employer fails to pay his employee, it is known as “unpaid wage.” You can always take legal action against an employer. Approach an unpaid wages attorney and take legal action against your employer. Whether you are a non-exempt employee or a contracted or exempt, all types of employees are protected by US Employment Laws.

Before you decide to consult an attorney, remember to collect all your papers and make a detailed list of all the hours worked in each and every week in which you have a claim you are entitled to an overtime pay.

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