how to file a labor law claim without an attorney in california

How to Report

1. Download and complete the form
2. Print and sign it
3. Take or mail it to the Labor Commissioner's office location nearest you
4. Mail the completed form to the Labor Commissioner’s office that handles investigation for the city/location/community where you performed the work or violation occurred. To locate the office, click here for the alphabetical listing of cities/locations.

Full Answer

How to make a claim for wages and penalties in California?

Instructions for completing the form are available in several languages. DLSE Form 1 allows employees to make a claim for wages and penalties concerning any violation of California wage and hour laws that fall within the Labor Commissioner’s jurisdiction, including: Failure to make timely payment of wages after termination,⁠ 36

How to file a claim with the Labor Commissioner?

How to file a claim. Once you have gathered the information about your employer and documents if you have them available, the next step in the process is to file a claim. You can file your claim by email, mail or in person, download a claim form, complete and print it, attach applicable documents and mail to the Labor Commissioner’s Office.

How do I file a wage claim for wage theft in California?

If you have experienced wage theft, file a wage claim with the Labor Commissioner's Office by email, mail or in person. Workers in California have the right to file a wage claim when their employers do not pay them the wages or benefits they are owed. A wage claim starts the process to collect on those unpaid wages or benefits.

What are California’s labor laws for immigrants?

California’s labor laws protect all workers, regardless of immigration status. When a wage claim is filed, the Labor Commissioner’s Office investigates the claim to determine if any wages or benefits are owed.

How do I file a labor dispute in California?

You can file your claim by email, mail or in person, download a claim form, complete and print it, attach applicable documents and mail to the Labor Commissioner's Office. The claim forms and instructions can be downloaded and printed in multiple languages.

How do I collect unpaid wages in California?

IF YOU HAVE EXPERIENCED WAGE THEFT, FILE A WAGE CLAIM WITH THE LABOR COMMISSIONER. You must file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years. You must file claims based on an oral promise to pay more than minimum wage within two years.

How do I report an employer for not paying in California?

When employers fail to pay their employees' wages in full and on time, employees usually have three choices:File a lawsuit in court,File a wage claim with a federal agency, or.File a wage claim with California's Division of Labor Standards Enforcement (the “ DLSE “). ⁠4.

Who enforces labor laws in California?

Labor Commissioner's Office. The mission of the California Labor Commissioner's Office is to ensure a just day's pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws.

What is the penalty for not paying employees on time in California?

What is the penalty for failure to pay employees on time in California? Under California Labor Code § 210, employers are subject to a $100 penalty if they pay their employees' regular pay late. An employer will face a $100 penalty for each failure to pay each employee on time.

How long does a wage claim take in California?

The California Labor Commissioner's Office is responsible for enforcing minimum wage, overtime pay and other labor laws. By law, it must hold a hearing within 120 days of a wage complaint being filed, unless the employer settles sooner.

Can I take my employer to small claims court for unpaid wages?

If you are owed unpaid wages or if unauthorised deductions have been made from your earnings, you may be able to take your employer (or former employer) to an employment tribunal. Our fixed fee services for unpaid wages claims start from £240 (including VAT).

How do I contact California Department of labor?

Contact the Labor Commissioner's Office at 1-844-522-6734 or [email protected].

Can I sue my employer for paying me late in California?

Note that if an employee is not paid on time, the worker can: file a complaint with the DLSE (or the California Division of Labor Standards Enforcement), or. file a lawsuit against the employer.

What are my rights as an employee in California?

The right to be paid fair wages for the work that is performed. The right to a work environment that is free of harassment and discrimination of all types. The right to not be retaliated against for filing a complaint against an employer.

What are the labor laws in California?

California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.

What is covered by employment law?

The main areas of employment that are covered by the law are contracts of employment, working hours and holidays, time off when sick (and sick pay), health and safety, data protection, and anti-discrimination (gender, race, religion, sexual orientation and disability.

What is the interest rate for unpaid wages in California?

10% per yearWhen an employer violates California wage and hour laws, the employer may end up owing the employee for back pay and wages. These are the amounts the employee should have been paid if the employer had not violated state or federal labor laws. This can include interest of up to 10% per year.

How do you write a demand letter for unpaid wages?

I am writing this letter because I am still owed a total of $989 in unpaid wages for the period of January 15th to January 21st, 2020. I respectfully demand that you pay the full amount owed to me within five business days. If there is no response to this letter, I will take legal action to recover these unpaid wages.

What happens if a job doesn't pay you?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state's labor department.

Can I take my employer to court for not paying me?

If you are owed unpaid wages or if unauthorised deductions have been made from your earnings, you may be able to take your employer (or former employer) to an employment tribunal. Our fixed fee services for unpaid wages claims start from £240 (including VAT).

Where to mail a labor complaint?

Mail the completed form to the Labor Commissioner’s office that handles investigation for the city/location/community where you performed the work or violation occurred. To locate the office, click here for the alphabetical listing of cities/locations.

What is the job of the labor commissioner?

The Labor Commissioner's Office prioritizes and investigates wage theft and other labor law violations. If selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

Can you file a wage claim in California?

If you are seeking unpaid wages as well as reporting a labor law violation, you should also file a wage claim. In California, all workers are protected by labor laws. The Labor Commissioner's Office will not question your immigration status nor report it to other government agencies.

What is the name of the document that a California employee can file a wage claim against?

⁠ 28 They can do so by filing a document called the “Initial Report or Claim” with the Division of Labor Standards Enforcement (the “ DLSE “).⁠ 29

What is the law in California that allows employees to enforce their wage and hour rights?

California law permits employees to enforce their wage and hour rights by filing a complaint with California's Division of Labor Standards Enforcement (the DLSE).

What is wage claim?

A wage claim is a type complaint that workers can file against their employer (or former employer) to recover money they are owed. ⁠ 1 They provide a simple process for workers to legally prove they are entitled to pay.

What to do if an employer doesn't pay their employees?

When employers fail to pay their employees’ wages in full and on time, employees usually have three choices: File a lawsuit in court, File a wage claim with a federal agency, or.

Where to file a DLSE claim?

The Initial Report or Claim ( DLSE Form 1) can be filed with any district office of the the Division of Labor Standards Enforcement (the “ DLSE “).

Why is evidence weaker in a claim?

Evidence is much weaker if the employee created it from memory after filing the claim.

When is a hearing officer likely to consider documents to be reliable?

The hearing officer is likely to consider documents to be reliable if they are provided by the employer in the ordinary course of business.

Where to file initial claim?

The important thing is to fill out the information honestly, with as much detail as possible. You should make a copy of the claim form and file it in the county, or the closest county, to which you worked, not the county you live in. You should ask the person behind the counter to date stamp your copy.

What is the California Division of Labor Standards Enforcement?

The California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commission, provides employees with a low-cost forum to adjudicate wage claims against their employer. There are Labor Commissioner offices throughout California.

How to get a subpoena for a job?

You should gather evidence. Get a copy of your personnel file. Get copies of your wage statements. Get copies of any employment policies, like employee handbooks. Get copies of any time records. Get copies of any paystubs. You should have three copies of each of these documents. You will want one for you, one for your hearing office, and one for your employer. If your employer has things that might help, but you don’t think they will bring them, ask the Labor Commissioner about issuing a subpoena.

Can an employer find my private information?

WARNING - Using a work phone, email address, or computer, may allow your employer to discover your private information.

Does experience count for McCarthy Law?

Experience Counts and the experienced and hard working team at McCarthy Law will put their experience to work for you!

Can a labor commissioner handle an independent contractor claim?

The Labor Commissioner might not handle your claim if you’re an independent contractor (although you may have been misclassified as an independent contractor instead of an employee), you’re a union member (with a collective bargaining agreement), you’re a government employee, or you’re undocumented.

What is the name of the agency that can file a complaint against an employer in California?

California law permits employees to pursue claims against their employer by filing a complaint with one of several agencies commonly called a "labor board.".

Who has the right to freely access all places of labor in California?

The Labor Commissioner, and his or her deputies, have a legal right to freely access to all places of labor in California.⁠ 7 This helps the Labor Commissioner investigate and enforce California’s labor laws.⁠ 8

What is the California Labor Commissioner's Office?

The formal name of the California Labor Commissioner’s Office is the Division of Labor Standards Enforcement (the DLSE). The Labor Commissioner is the chief of the DLSE Labor Code, § 21 [“‘Labor Commissioner’ means Chief of the Division of Labor Standards Enforcement.”]. ↥

What is the labor board in California?

For most California employees involved in a labor and employment dispute, there are two state agencies that might be considered a labor board: The Labor Commissioner’s Office, which handles disputes involving unpaid wages, meal breaks, rest breaks, overtime, and other demands for earned compensation.⁠ 2. The Department of Fair Employment and ...

Why is it important to identify the type of claim you are making before filing a complaint?

That way, they can select the best agency to hear their case and follow the correct complaint procedure.

What does the Labor Commissioner do?

In short, the Labor Commissioner handles complaints in which an employee wishes to recover wages, penalties, and other demands for compensation from their employer. ⁠ 24

What is the California Fair Employment and Housing Act?

FEHA prohibits discrimination, harassment, and retaliation in the workplace against certain groups of people. ⁠ 34 Its purpose is to provide remedies to employees and job applicants, and to eliminate certain discriminatory employment practices.⁠ 35

What is labor law in California?

California labor law covers a wide range of legal issues involving employment, wages, pensions and retirement, independent contractors, union, labor disputes, safety issues, any many more. In California, all workers have legal rights and protections under the law. Workers who feel that their employer may have acted unlawfully or may have violated ...

What is the first step in a labor dispute?

In any labor dispute, the first step is to file a complaint with the appropriate agency. The process for filing a complaint is generally the same for most disputes and violations ...

Where Do I File a Complaint?

The most common are the California Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity and Housing Commission (EEOC), the Division of Labor Standards Enforcement (DLSE), California Department of Industrial Relations.

What is the Process for Filing a Discrimination Claim Against an Employer?

Employees are only required to print and mail a complaint form available at the Department of Industrial Relations. On the form, the employee will be asked to explain, in detail, the reasoning for the complaint, their employer’s information, contact information for any potential witnesses, and what outcome the employee desires.

Why is it important to consult an employment attorney?

Due to the complexities of the multiple state and federal agencies, differing filing requirements, and various remedies available, it is important that workers first consult with an experienced employment law attorney. There are significant deadlines and time restrictions that may affect a worker’s ability to enforce their legal rights and protections under the law.

How long does it take to file a complaint with the EEOC?

Complaints filed to the EEOC are subject to a 180 day time limit from the date of the alleged incident. However, under the California Fair Employment and Housing law, this period is extended to 300 days if the employee also files a complaint with the DFEH.

Why is California law so attractive?

In many respects, California law provides greater protections for employees. For these reasons, the selection of California law is a more attractive choice for aggrieved employees. For example, California law provides wider classifications of disabled persons than under the federal Americans with Disabilities Act (ADA).

How to contact employment law in Los Angeles?

Contact our Los Angeles employment law attorneys today at (213) 292-5444 to schedule a consultation!

What is a DLSE claim?

DLSE is a division of the California Department of Industrial Relations. The form will ask you to provide information about yourself, your employer, your regular work schedule, and what wages or penalties you are claiming.

Can you file a claim alone?

Filing a claim is a complex legal process that you shouldn’t handle alone. Our team at Hennig Kramer Ruiz & Singh, LLP has helped employees throughout Los Angeles recover the compensation they deserve after dealing with unpaid wages. Employees should always be compensated for their work, and when they are not, our team can help. We can analyze your situation, help you determine if you have a case, and help you file a claim to get compensated.

Do you need to keep time records for overtime?

Time records: If you are filing an unpaid overtime claim, you should keep tabs on the extra hours you worked and compare it to your employer’s time records.

Has your employer failed to pay you minimum wage?

Has your employer failed to pay you minimum wage or overtime? You may have an unpaid wages claim. Employers have a responsibility to provide employees with meal and rest breaks and follow state wage laws. When an employer fails to do so, you can hold them liable for their wrongdoing.

What is the legal responsibility of an employer in California?

Under California law, employers have a legal responsibility to provide reasonable accommodations for employees with physical or mental disabilities. For example, an employer is responsible for providing a parking space and wheelchair access for a wheelchair-bound employee. Other accommodations can include making the employee’s workspace accessible or offering a flexible work schedule. Refusal to provide such accommodations, or denying a disabled applicant a job in order to avoid making such accommodations, could be a valid claim for a discrimination lawsuit.

What is considered an at will employee in California?

In California, most workers are considered “at-will” employees, which means that their employer has the freedom to terminate them for any reason, with or without notice, and they don’t need cause or justification for doing so. Similarly, an “at-will” employee has the right to quit their job whenever they want – so it’s essentially two sides of the same coin. However, if an employee is fired, laid off, or forced to quit for any reason that is considered illegal on a state or federal level, then it could be grounds for a wrongful termination lawsuit. Some of the most common unlawful reasons for termination include:

What is the anti-retaliation law in California?

Under California’s Anti-Retaliation Protections (Labor Code Section 1102.5) and Whistleblower Protection Act, employees are protected from retaliation when reporting illegal activities or fraudulent practices within the work place (i.e. complaining about unlawful work conditions or reporting a health and safety issue to a government agency). They are also protected from refusing to participate in illegal activities or fraudulent practices (i.e. an employee refusing to lie to the IRS about the company’s purchases from the previous year ).

Can you be fired for complaining about your rights in California?

Employees cannot be fired, punished, or retaliated against for exercising their legal employment rights or for complaining when those rights have been violated by the employer. Under California law, such “protected activity” includes but is not limited to reporting unlawful discrimination or harassment in the workplace, complaining about unpaid wages or discussing your income with other employees, requesting time off to vote or to serve jury duty, or taking family leave, medical leave, or maternity leave.

Is it against the law to discriminate against someone?

It is against the law to discriminate against someone because of where they were born or where their ancestors are from. This can include discrimination based on an employee’s cultural associations with a national origin group, marriage to a person from a specific country, tribal affiliations, speaking a native language, or family names associated with a particular national origin group.

Is it illegal to treat an employee unfavorably?

It is illegal to treat an employee unfavorably because of their religion – which includes their religious beliefs, religious practices, religious dress, and/or religious grooming habits. Moreover, employers are legally expected to reasonably accommodate religious practices unless doing so would be burdensome to the operations of the business. This can include flexible scheduling to accommodate religious observances, allowing workers to pray at work or during a break, and respecting dress and grooming practices related to an employee’s religion.

Is it illegal to discriminate against someone over 40?

It’s also worth noting that it is not illegal to refuse to hire someone if they are considered too young for a position – there are no anti-age discrimination laws applicable to anyone who is under 40.