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Workers in California who have wages or benefits unpaid by their employers, have the right to file a wage claim. California’s labor laws are intended for all workers, irrespective of immigration status.
To file a wage claim in California, one can mail, email or personally submit a completed form which may be downloaded (available in different languages) from the Labor Commissioner’s Office website.
Timing Regulations
A worker must take note of the following allowed timeframes when filing a wage claim in California: Within a year for bounced check-related or for not providing access to payroll or worker records or copies of the same
Within two years for an unwritten promise to pay beyond minimum wage
Within three years for violations related to minimum wage, sick leave, overtime, illegal deductions from pay or uncompensated reimbursements, or uncompensated rest and meal breaks
Within four years of a binding written contract
Gathering Employer Information
The Labor Commissioner’s Office will ask for the employer’s name and address as can be read on pay stubs, product labels, etc.
Tracking All Worked Hours
Prior to filing a wage complaint, the worker needs to take notes of the time they begin and end work each working day, including time they spend to eat meals or take breaks, and of course, the total time (in hours) worked. If they receive payment by contract or piece rate, they still have to earn no less than the minimum wage for every hour worked. The amount of time the worker spends on every contract or piece must be monitored so it can be compared with the total work they have completed, hence ensuring that they are paid for the work they rendered and that their pay before deductions is equivalent to no less than the hourly minimum wage.
Keeping Pay Stubs
Every time a worker is paid, the employer should provide a paystub or detailed wage statement. This itemized wage statement should include the worker’s name, wages earned and dates of the specific pay cycle; the employer’s name, address and telephone number; and all deductions and accrued hours of paid sick leave.
All the information and documents discussed above will help an employee check if they are paid as required by law, and will help bolster their case if they actually file a wage claim.
Take note that employers are legally obliged to keep accurate records of their workers’ actual times worked. If you’re thinking of filing a wage claim, be prepared with your paystubs and other relevant documents that can strengthen your claim before the Labor Commissioner.Nena’s Bacon is now available in Chicken and Beef, with the same distinct smoky flavor plus a lot more value for your health.
