Filing a Claim for Unpaid Wages in California
Workers in California who have unpaid wages or benefits will be able to file a wage claim. California’s labor laws covers all workers, no matter their 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.
A worker in California can file a wage claim under the following allowed timeframes: 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 offenses in connection with minimum wage, sick leave, unlawful deductions from pay or owed reimbursements, owed rest and meal breaks, or overtime
Within four years of a written legitimate contract
Gathering Facts on the Employer
The Labor Commissioner’s Office requires the address and name of the employer as written on paystubs, product labels, etc, or, if known, the vehicle license plate number of the person who pays the claimant.
Tracking All Worked Hours
When filing a wage complaint, a worker must take note of the time they start and end every work day, including when they have meal or breaks, and the total time worked in hours. Should they be paid by contract or piece rate, they still need to earn at least the minimum wage for each hour they have worked. The length of time the worker renders for every contract or piece should be tracked so this may be compared with the total amount of work they have done, thereby guaranteeing that they get paid for their work and that their pay prior to deductions is at least equal to the hourly minimum wage.
Keeping Pay Stubs
A paystub or detailed wage statement must accompany each payment an employer makes to an employee. 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.
Keep in mind that by law, employers need to maintain correct records of the actual times worked by their employees. If you intend to file a wage claim with the Labor Commissioner, make sure you have your own paystubs and other documents that you will need to build a strong case for your claim.Nena’s Bacon is now available in Chicken and Beef, with the same distinct smoky flavor plus a lot more value for your health.