Claims for wage and hour violations provide compensation to workers who are owed unpaid wages by their employer. If you were denied wages for overtime, because of employee misclassification, or any other issues, the law entitles to file a claim with the state labor board, officially known as the California Labor Commissioner. Alternatively, they can file a claim with the appropriate civil court system or the small claims court.
Filing a Claim with the California Labor Board
In order to file a claim with the California Labor Commissioner, you’ll need to complete an Initial Report or Claim and submit it to your local labor board office.
This can be quite a challenging process, and you will find that some of the questions are confusing or seem to be in direct contradiction with another question. It’s a nerve-wracking experience, because any errors on the form may cause your claim to be rejected, or be used against you later on.
Another subject that confuses workers is waiting time penalties. What are these, and should you be asking for these as a part of your claim? What about the exact amount of compensation you are seeking? What exactly am I entitled to? It’s important that you get this right, so please take the time to consult a wage and hour attorney, who will advise you of all the payments you can claim, thereby maximizing the compensation from your employer.
Once everything is completed on the form, you will need to deliver it to your local Labor Commissioner office, which you can find here.
Does the California Labor Board Require Any Other Forms?
The answer depends on the specific labor board office that you are dealing with. Certain offices under the California Department of Labor do require additional forms that have to be submitted with your claim for unpaid wages. A common example is the Overtime and Meal Period Calculation Form. This is one of the most difficult forms to fill out for the average claimant, so don’t be surprised if you are struggling with any of the questions.
Our legal team is here to help if you need assistance with an Overtime and Meal Period Form. All you have to do is contact us at your earliest convenience and ask to schedule a consultation with one of our legal experts.
How Long Do Wage Claims Take to Resolve?
Once you file all the appropriate forms, your wage claim is officially initiated with the California labor board. You will be contacted by the Labor Commissioner, typically by a physical letter in the mail. This can happen 2 to 3 weeks after you file a claim, though it can take sometimes take months, depending on the agency’s caseload.
If several months have gone by and there is still no communication from the labor board, it may be time to speak with a lawyer experienced in wage and hour claims. We have checked on these claims on behalf of clients for many years, and there are instances where administrative errors, including loss of paperwork, may be causing a delay. While it’s frustrating, it’s best to find out sooner than later and get a lawyer to help you file another claim.
Filing Your Claim in Court
Filing a wage and hour lawsuit through the court system comes with additional complications compared to a claim with the labor board, but there are advantages as well, which you can discuss with a California labor law attorney. With a court proceeding, you generally have 4 years to file a claim compared to the 3-year statute of limitations imposed by the California Labor Commissioner. Additionally, there may be other monetary damages that you can recover from a lawsuit, which you would not be eligible to receive from a labor board complaint.
Please note that legal representation is strongly recommended for a lawsuit, as the legal system is incredibly difficult to navigate on your own. An employment lawyer will draft a complaint on your behalf and make sure it’s filed with the correct court system, which is the superior court of the county where your employer is located (or where the work was performed). If applicable, your attorney will also file a claim with the U.S. District Court for the district where you performed the work associated with the unpaid wages.
The final option is to file a case with the small claims court. However, you are not allowed to be represented by a lawyer for a small claims action, which is a distinct disadvantage.
How We can Help
From explaining your rights to helping you file a lawsuit and fighting for the compensation you deserve, California Labor Law Attorneys Group is with you every step of the way. We know that challenging your employer and asserting your employment rights is a scary step, and we won’t deny that the legal system is difficult to navigate. However, achieving justice for the wages you were denied is absolutely possible when you have the right legal team by your side.
It all starts with a free consultation, which you can schedule by contacting us 7 days a week, 24 hours a day. If you choose to hire us for a wage and hour violation claim, we charge $0 upfront, meaning we take your case on a contingency fee basis. The Zero Fee Guarantee also ensures that you pay us nothing in the event we fail to win your case.
We look forward to providing you with skilled and effective representation, so contact us today for a free case evaluation.
