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If you are paid by contract or piece rate, you should still earn at least the minimum wage for each hour worked. Write down the time you begin and end work every day, when you take meal and rest breaks or heat recovery breaks, and the total hours you work.
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If you have more than one employer or supervisor, you might need to write down each of their names and vehicle license plate numbers.Īny person acting as a supervisor or manager who violates workers’ labor rights can sometimes be held responsible in addition to the employer. The name of the company should be listed on paystubs, mailing labels, product labels, or if you cannot locate that information, you could write down their vehicle license plate number for the person who pays you. The Labor Commissioner’s Office will need the address and name of the company or individual that you work for in order to help you with your claim. Within four years for a written contract.Within three years for violations of minimum wage, overtime, unpaid rest and meal breaks, sick leave, illegal deductions from pay or unpaid reimbursements.Within two years for an oral promise to pay more than minimum wage.
Within one year for penalties regarding a bounced check or failing to provide access to, or a copy of, payroll or personnel records.
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If you work in the garment manufacturing industry, please see this page for how to file a garment worker wage claim.The Labor Commissioner’s Office may hold a hearing to determine if a worker has been misclassified as an independent contractor. If you believe your employer is misclassifying you as an independent contractor, file a wage claim. Some workers who are misclassified as independent contractors are not provided basic labor rights. The Labor Commissioner's Office has no jurisdiction over independent contractors.If you are a garment worker who has experienced wage theft, you must file your wage claim under the Garment Worker Protection Act.If the issues are not resolved at the conference, a hearing is scheduled so a hearing officer can review the evidence and make a decision on the claim. In most cases, a settlement conference between the employee and employer is scheduled to resolve the issues. When a wage claim is filed, the Labor Commissioner’s Office investigates the claim to determine if any wages or benefits are owed.California’s labor laws protect all workers, regardless of immigration status. Wage claims can be filed online, by email, mail or in person.
A wage claim starts the process to collect on those unpaid wages or benefits. 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. If you need advocate assistance with your wage claim please refer to the following list of community organizations.įile Wage or Garment Claim Online Instructions for filing an online wage or garment claim Please do NOT use this button to file PAGA, retaliation, public works, or any other type of claim. No matter how you file your claim, the more information you can give us up front at the time of filing, the more effectively we can process your claim. If you have experienced wage theft you can file an online wage claim with the Labor Commissioner's Office. If the system is not available, please try again later.
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If you use bookmarks, you may need to update them in your browser.Īdditionally the system will be down Saturday, May 20, from 8:00 p.m. Please note that some of our website URLs will change. Due to maintenance, the online submission will be unavailable Friday, May 19, from 7:00 p.m.
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