Wage theft is a crime in California and employees have the right to sue their employers for the same. Wage claims have to be filed with the Labor commission office of California. You can either mail them or you can file your claims in person. Under the California labor laws, employees have the right to take legal action against the employer if they fail to give the clear the paychecks or provide the benefits that they owe to the employees. They can do this either with the help of unpaid wage attorneys or without them. However, employees should always seek trusted legal help for such complex matters. You can also take legal steps if they fail to pay minimum wage California. So you can follow the below steps to file a wage claim against your employer.
- Filing a wage claim– Once the claim has been filed with the Labor Commission, they’ll review and evaluate the claims to see if you qualify for the same. At times, a small meeting is held between the employer and the employee to resolve the matter. In case, the issues aren’t resolved in this meeting, a trial will be planned so that the officers can evaluate the evidence and based on that, the officers will make a decision. Employees can file a wage claim if they are misclassified as independent contractors or exempt employees. Such employees are not entitled to labor rights.
- Maintain the timeline– Different labor violations have different statutes of limitations. What is the statute of limitations? It is the deadline or the timeframe within which you need to file your grievances. For failed paychecks, you’ll have to file the claim within one year. For failure to pay minimum wages, you need to file the claims within 2 years. For illegal wage deductions, failure to provide meal breaks, rest breaks, minimum wage, and overtime wages, the claims have to be made within 3 years of the occurrence of such a violation. For written contracts, the timeline is 4 years.
- Gather all the documents needed to prove your claims– You need to provide information on the name of your employer, their address, and other contact details of the employer. Besides the employer’s name, you need to provide on other parties (if any) who are responsible for violating labor laws. Maintain a record of the time you have worked. Even if you are a contractor, you are entitled to receive the minimum wages. Other essential documents includes a detail of the wage statement that should include your name and contact information, your employer’s name, total wages that have been paid, and details on deductions if any. All these documents are essential as they help in proving your claims.
At this stage, it’s good to appoint an attorney because they have experience in handling such cases. Also, they can tell you if you should pursue the claims. Unpaid wage claims can be sorted out in different ways. You can either file your claims with the Labor Commission office or you can have a face-to-face meeting with your employer to settle the matter. Each of the options has its own merits and demerits. It’s an attorney who can suggest the best solution for you? Looking for the best attorneys? Nakase law firm is one of the skilled employment lawyers proficient in unpaid pages, wrongful termination, sexual harassment, gender, and racial discrimination.