How Do I File A Wage And Hour Claim Against My Employer In California?
Even when you are a dedicated, hard-working employee, your employer could violate California’s wage and hour laws by failing to pay you properly for overtime or off-the-clock work, not paying you on time, or not giving you sufficient lunch and rest breaks. Your first step may be to point out the error to your employer so that the problem can be resolved. But if your employer will not do the right thing and provide you with the pay and benefits you are entitled to, you may need to file a wage and hour claim.
Steps You Need to Take to File Your Wage and Hour Claim
Wage and hour claims are filed with the California Department of Industrial Relations—sometimes called the Labor Commissioner’s Office. Here are the steps you will need to take to file your claim:
- File the claim form. Your first step is to complete the claim form and file it with the Labor Commissioner’s Office where you worked—not where you live. You will need to list the contact information for your employer and yourself, explain your dispute, and state how much you are owed. The instructions and form can be downloaded from the California Department of Industrial Relation website. You should make a copy of the completed form for yourself before filing it.
- Attend the pre-hearing conference. Your first hearing will be a pre-hearing conference. If you are unable to settle your dispute, the representative conducting the hearing will determine whether the complaint should be dismissed or proceed. If he decides you have a possible claim, he will draft a formal complaint for you to sign that will be filed.
- Attend the hearing. Your employer and you will receive a Notice of Hearing advising you of the date, time, and place of your hearing. This hearing is a more informal version of a trial where both sides can present evidence and testimony.
- Obtain a decision. After the hearing, the hearing officer will issue a decision. While you are supposed to receive this within 15 days of your hearing, it may take longer for you to receive it.
If your employer violated California’s hour and wage laws, the Law Offices of Corbin H. Williams is here to help you obtain the wages and other benefits you deserve. Start an online chat or call the firm today at 949-679-9909 to schedule a free, no-obligation consultation to learn about your legal rights and options.