Wage claims help workers collect on unpaid wages and benefits. California employees can file a wage claim with the California Labor Commissioner (aka California Labor Board), or they can file a similar action in civil court.
How do I File a Wage Claim with the California Labor Board?
To file a wage claim with the California Labor Board, an employee must fill out an “Initial Report or Claim” and deliver it to their local Labor Board office.
Filing a wage claim in California can be difficult. The wage claim form seems to ask contradictory questions; they are confusing too. The most troubling thing about filling out the wage claim form is that any mistakes you make may be used against you later. For example, if you mistakenly click the box “Were you paid overtime?” but you really have an unpaid overtime claim (even one you did not know you had), the lawyer for your employer may try to claim that you lied on your wage claim form.
Another thing that commonly confuses people filing a wage claim is waiting time penalties. You do not need to write on your wage claim form that you are seeking “waiting time penalties” under California Labor Code section 203. The California Labor Commissioner usually indicates on the official “complaint” form, which you do not need to fill out initially to file your wage claim, that you are seeking these penalties.
You must indicate on the wage claim form how much you are seeking in your wage claim. This may be the most confusing part of your claim. To make sure you are claiming all that you may claim, you may need a lawyer’s assistance. California wage claim lawyers should know each and every type of claim you may make in your wage claim, which should maximize how much you can claim.
Once you fill out and sign your form, you must deliver it to your local Labor Commissioner office.
Does the Labor Board of California Require Additional Forms for Wage Claims?
Some labor board offices with the California Department of Labor require you to fill out another form along with your wage claim. This form, which we call the Overtime and Meal Period Calculation Form, can be found here. This form is very difficult to fill out.
Strauss & Strauss, APC has a tried-and-true system for filling out the Overtime and Meal Period Form. If you are hung up on how to fill out this form or have any questions about filing a wage claim in California, contact Strauss & Strauss, APC to see if we can represent you in your wage claim.
How Long Does a Wage Claim Take in California?
Once these forms are filed, your wage claim is initiated. The Labor Commissioner will contact you, usually by mail, sometimes as soon as two or three weeks later. Sometimes it takes them many months later to contact you.
If it has taken too long for the California Labor Commissioner to get back to you, you may want to seek legal representation. The lawyers at Strauss & Strauss, APC know many of the employees of the Labor Board offices in California, so we can try to find out why there is a delay. It may be that the Labor Board lost your claim form, so you may have to file another one.
How to File Your Wage Claim in Civil Court
Filing your wage claim in civil court is more difficult, but it does have some advantages over filing a wage claim with the labor board of California directly. In a civil court wage claim you can reach back four years instead of only three years in a labor board wage claim. You can also recover your attorney’s fees in a civil claim which you cannot do with a labor board wage claim.
Most people need a lawyer to file a civil court wage claim. The process includes drafting a complaint and filing it with the clerk of the superior court for the county in which you performed work for the defendant-employer. You may also file for unpaid wages in the United States District Court for the district in which you performed work for the defendant-employer.
Another option is to file a small claims action to recover wages owed. You cannot have a lawyer in a small claims action.
We represent employees in California wage claims every day. Contact us today if you are in need of representation in your Labor Commissioner wage claim action.
"Strauss & Strauss represented me in several cases against a former employer. They were taking on a Fortune 500 company that employed some of the world's biggest law firms. Michael Strauss and Andrew Ellison beat them every time."Stephen Craig
- Ayala v. Terminix International, Inc.
- Bankwitz v. Ecolab Inc. - Territory Manager Overtime Lawsuit
- Bautista v. Alliance Environmental Group
- Berry v. DCOR, LLC
- Bognuda v. Great White Dental
- Campos v. Ecolab Inc. – California Route Sales Manager (RSM) Lawsuit