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Individual employees of private companies who are not members of a collective bargaining unit can file a claim for unpaid wages, vacation pay, and expenses incurred on behalf of the employer. The first step is to file a wage and hour claim with Labor Standards Enforcement (DLSE) division which is part of the Department of Industrial Relations. The DLSE has provided specific claim forms that are easy to use, and these can be found atdir.ca.gov\/dlse\/HowToFileWageClaim.htm. This website will also identify the documentation you will need to submit to with your claim. You can file your claim at a DLSE office near you. The locations can be found in the website the same website. Generally, you have one year to file a claim, but you may have up to four years in some situations.<\/p>\n

The Labor Commissioner has established procedures for investigating wage complaints, and these procedures may include either an informal conference or an administrative hearing. The informal conference is held to try and resolve the claim. A deputy labor commissioner conducts the conference. If the claim cannot be resolved at the conference then the claim will proceed to an administrative hearing presided over by an administrative law judge. The administrative hearing is also informal, but the there are rules about the evidence that can be submitted. The hearings are held in a conference room environment. See the important points below for further information to help you.<\/p>\n

If you believe you need to have certain employer records to support your claim at the hearing, you can ask the DLSE to issue a subpoena for them. You will need to fill out a form requesting a subpoena to be issued by the DLSE. Refer to:dir.ca.gov\/dlse\/forms\/DLSE_Form_564-Info_for_Subpoena.pdf. This request must be filed not less than 15 business days before the hearing date.<\/p>\n

Here are some important points to keep in mind:<\/p>\n

– You can bring an attorney or other representatives with you to the conference and the hearing. The employer has the same right.<\/p>\n

– You do not have to be a citizen or even a legal alien to file a claim.<\/p>\n

– If your claim goes to a hearing, you may bring witnesses to testify in support of your claim.<\/p>\n

– The administrative hearing officer will render a decision after the hearing, and you will be notified by mail.<\/p>\n

– The decision will be filed with a court, and you will be advised of the legal remedies you have to enforce the decision.<\/p>\n

– If either you or the employer do not like the decision, then you can appeal it to the court having jurisdiction. A copy of the appeal must be given the Labor Commissioner’s office.<\/p>\n

– A translator will be provided for you at the conference or the hearing if you need one.<\/p>\n

– The local DLSE office can be very helpful in explaining the claim process.<\/p>\n

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.<\/p>\n

Photo Credit: Shutterstock\/Africa Studio<\/p>\n","protected":false},"excerpt":{"rendered":"

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