How to File a Wage Theft Complaint (and Get Compensated) in California

As an employee in California, you have the right to be paid fairly for all hours worked. This includes receiving at least minimum wage, overtime pay when applicable, and all tips or gratuities you earn. Unfortunately, some employers unlawfully withhold wages their workers are legally entitled to.

At TONG LAW, we fight for employees’ rights and help workers recover stolen wages. If your employer has failed to pay you properly, you have the power to hold them accountable by filing a wage claim. Here’s a step-by-step guide on how to file a wage theft complaint in California.

What is Wage Theft?

First, it’s important to understand what constitutes wage theft under California law. Wage theft occurs when an employer fails to pay an employee the full wages they are owed. This can take many forms, including:

• Paying less than the applicable minimum wage
• Failing to pay overtime for hours worked over 8 in a day or 40 in a week
• Not providing legally mandated meal or rest breaks
• Requiring off-the-clock work without pay
• Taking illegal deductions from paychecks
• Misclassifying workers as independent contractors to avoid wage and hour laws
• Not reimbursing required business expenses
• Stealing tips or failing to distribute tip pools properly
• Not providing final wages upon termination

If any of these situations sound familiar, you may be a victim of wage theft. Just because your employer engages in these practices doesn’t make them legal. You have the right to pursue the unpaid wages you earned.

Filing a Wage Claim with the Labor Commissioner

In California, the primary avenue for employees to recover unpaid wages is by filing a wage claim with the Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE). This is an administrative process designed to help workers resolve wage disputes without having to go to court.

Step 1: Gather Your Documentation

To begin the wage claim process, you’ll need to compile records supporting your claim for unpaid wages. Helpful documentation includes:

• Pay stubs
• Time sheets
• Work schedules
• Employment contract or offer letter
• Company policies
• Copies of bounced checks
• Any emails or texts discussing your wages or hours

The more documentation you have, the stronger your case will be. However, don’t let a lack of records deter you from filing a claim. The Labor Commissioner will still investigate your complaint.

Step 2: File Your Initial Claim

Once you have your documentation ready, you’ll need to submit an Initial Report or Claim (DLSE Form 1) to your local Labor Commissioner’s Office. You can either file in person, by mail, or electronically through the DLSE website.

The Form 1 will ask for basic information about you, your employer, and the wages you believe you are owed. You’ll also need to provide a brief description of the alleged violations. Be as specific as possible about the dates, hours worked, and amount of wages in dispute. If you have any of the records mentioned above, submit copies along with your form.

Step 3: Settlement Conference

After you file your Initial Claim, the Labor Commissioner’s Office will review it and determine if the case can move forward. If so, they will schedule a settlement conference, typically within 30 days.

The settlement conference is an informal meeting between you, your employer, and a deputy from the Labor Commissioner. The goal is to see if the dispute can be resolved through an agreement between the parties. You and your employer will both have a chance to present your arguments and evidence.

If an agreement is reached, your employer will sign it and pay the agreed-upon amount. If no resolution is achieved, your case will be scheduled for an administrative hearing.

Step 4: The Hearing

The hearing is a formal proceeding before a Hearing Officer, similar to a mini-trial. You’ll have the opportunity to testify, present evidence, and call witnesses to support your wage claim. Your employer will also get to present their defense.

After considering all the evidence, the Hearing Officer will issue a written Order, Decision, or Award (ODA). If you win, the ODA will state the amount of wages and penalties your employer owes you. Your employer has 15 days to either appeal or pay the judgment. If they don’t appeal or pay, the ODA becomes final and enforceable.

Other Options for Addressing Wage Theft

While filing a wage claim is the most common method for recovering unpaid wages, it’s not your only option. Depending on your situation, you may choose to:

• File a lawsuit in court: You can bypass the administrative process and sue your employer directly in civil court. This allows you to recover additional damages like emotional distress and attorneys’ fees beyond just the unpaid wages. Lawsuits tend to be more complex than Labor Commissioner claims, so it’s advisable to have an attorney.
• Report labor law violations: If your employer is engaging in widespread wage theft affecting multiple workers, you can file a report with the Labor Commissioner’s Bureau of Field Enforcement (BOFE). BOFE investigates reports of labor law violations and can issue citations and penalties to offending employers. They may also refer cases to the District Attorney for criminal prosecution in egregious cases.
• Pursue a class or collective action: If many employees at your company have been victimized by the same wage theft schemes, you may be able to band together and file a class action lawsuit (for California law violations) or a collective action (for federal law violations). These types of suits allow similarly situated workers to pool their claims together against the employer.

Getting Legal Help with Your California Wage Theft Claim

At TONG LAW, our dedicated team of employment lawyers, skilled in unpaid wages, has helped countless California workers stand up to wage theft and recover the compensation they deserve. We can help you understand your rights, gather evidence to support your claim, and represent you before the Labor Commissioner or in court.

If you believe you’ve been the victim of wage theft, contact us for a consultation.