Wage Law

Because of various fee-shifting statutes, such as Labor Code § 218.5, people with relatively modest wage claims can afford to hire an attorney, or even find one willing to take a case on a contingent fee basis. Furthermore, oftentimes a person will have a wage claim that is common to every employee at his or her place of work, which can lead to a class action that allows the employees to afford the services of a competent and experienced attorney to represent them.

However, some wage and hour violations simply do not justify hiring an attorney. For those small cases, unique to their own facts, and/or against small employers, a Labor Board claim is the right way to go.

Eligible Claims: you can take the claim to the DLSE if it arises out of: unpaid wages, commissions or bonuses; wages paid with a check returned by the bank for insufficient funds; withholding or delaying the payment of a final paycheck; failure to pay for unused vacation time upon termination of employment; unauthorized deductions from paychecks (i.e., for breakage, shortages or "penalties" for unsatisfactory work); unpaid or unreimbursed business expenses; or failure to provide a meal periods or rest periods.

Starting the Process: An employee or former employee may file an individual wage claim by submitting the proper form to the DLSE. Please be sure to provide all information requested on the claim form. Sign and date the claim form. Attach copies -- but not originals, and not your only copies -- of any documents you have to support your claim. Once your form is complete, file it by mail or in person -- fax or email will not suffice -- at the DLSE office that handles wage claims for the area in which you worked. To find out which office would take your complaint, check with the DLSE.

Time deadlines: a claim based on an oral agreement must be filed within two years from the date the claim arose; a claim based on a written agreement must be filed within four years from the date the claim arose; and a claim for minimum wage, unpaid overtime, and other statutory claims must be filed within three years from the date the claim arose.

Procedure: the process involves filing the claim; attending a pre-hearing conference (at which point some claims settle); and a "Berman hearing", at which point the employee and employer may call witnesses and testify before a deputy Labor Commissioner, who will subsequently render a decision.