California Wage Claim FAQs

What You Need to Know About California Wage Claim FAQs

What is wage theft in California?

An employee experiences wage theft in California when their employer unfairly withholds wages or benefits. Wage theft can take many forms: payment below minimum wage, an employer stealing tips from an employee, an employer not paying promised vacations or bonuses to an employee, unauthorized deductions of pay, etc.

What evidence do I need to provide to prove wage theft?

The California Department of Industrial Relations advises parties to keep as much evidence as possible to prove your wage theft to receive a wage claim. The evidence can include information on your employer, other responsible parties, your tracked work hours, and your pay stubs.

What is a wage claim?

When an employee experiences wage theft in California, they can file a wage claim with the Labor Commissioner’s Office. The wage claim is the first step in receiving reimbursement for the wages or benefits stolen through wage theft.

How many ways can I file a wage claim in California?

You can file a wage claim in California in four ways: online, by email, by mail, or in person.

How do I file a wage claim online?

To file a wage claim online, you first must have or create an account with the California Department of Industrial Relations. You can access the online application to file a wage claim by following this link.

How do I file a wage claim by email or mail?

Filing a wage claim by email or mail are very similar processes. You must complete your claim form, which you can find in several languages here. You must gather all relevant documentation if you have them, including time records, paychecks and pay stubs, bounced paychecks, a notice of employment information, and collective bargaining agreements. You should submit one copy (not the original version) of each document with the claim form. You can find each Labor Commissioner’s Office address and email here. You can also find a detailed guide on filing a wage claim here.

How do I file a wage claim in person?

To file a wage claim in person, you will have to complete the same paperwork for filing via mail or email, listed above. You can drop off your paperwork at your local Labor Commissioner’s Office, a list of which you can find here.

How does the wage claim process work?

After an employee files a wage claim, the Labor Commissioner’s Office must investigate the claim. Employees and employers can choose to meet at a settlement conference to solve the issue. If the issue is irresolvable through settlement negotiations, the Labor Commissioner’s Office schedules a hearing where an officer reviews the evidence and makes a decision regarding the claim.

How much time do I have to file a wage claim?

The time frame to properly file a wage claim varies depending on the wage theft an employee suffered. If an employee could not access payroll or personnel records or have a failed or bounced check, they have one year to file a wage claim. If an employer orally promises to pay an employee minimum wage but does not, the employee has two years from the date of the promise to file a wage claim.

If an employer violates minimum wage, sick leave, overtime, unpaid breaks, illegally deducts pay, or withholds reimbursements, the employee has three years from the violation to file a wage claim. If an employer violates a written contract, the employee has four years after the violation to file a wage claim.

Does immigration status affect my ability to file a wage claim in California?

Immigration status does not affect your ability to file a wage claim in California, as labor laws protect all workers.

Do California labor laws protect independent contractors’ right to file a wage claim?

California labor laws do not give the Labor Commissioner’s Office jurisdiction over independent contractors, and they cannot file wage claims. However, if an employee believes their employer is misclassifying them as an independent contractor, they can file a wage claim to correct their classification.

Do certain professions have specific wage claims?

Almost every California employee can fill out a generic wage claim. However, employees in the garment manufacturing industry have a specific type of wage claim. One can find information on the specific wage claim here.

Who should I contact to receive help while filing my wage claim?

Your local Labor Commissioner’s Office can help you file your wage claim. You can access a full list of all the California offices here. If you are unsure which office is closest to you, you can select your city, location, or community in California here to generate which location is closest to you. If you have a general question regarding wage claims, you can email DLSE2@dir.ca.gov.

After I file my wage claim, can I check anywhere to receive updates?

To receive updates on your wage claim, you can email the Labor Commissioner’s Office where you filed your claim. You can access a full list of the California Labor Commissioner’s Office here. Make sure to include your claim number in the email’s subject line.

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