The wages and hours of employees in California are under the protection of both the federal and state law. It provides all the workers, regardless of their immigration status, an active shield allowing them to file a wage claim.
According to the Department of Industrial Relations in the State of California, employees need to be careful about the timing of filing a wage claim. The schedule for filing a wage claim varies depending on the type of agreement and the violation in question.
Here are some of the timings that employees should keep in mind:
- Employees may file the violations of oral promises to pay the minimum wage within two years since the date of the breach.
- Employees may file violations of a written contract within four years
- Employees may file any breach of overtime, sick leave, unpaid rest, illegal deductions, meal breaks, and minimum wage within three years of the violation.
- The filing of penalties due to failing to provide access or a copy of the personal records or payroll of the employees may be within one year
Before filing a claim, the employee should first collect the personal information of the employer since the labor commission office will require the address and name of the company or the name of the individual. If getting the details is not a viable option, the employee may present the license plate number of the individual paying the wages. When more than one person is responsible, the employee should list all their names together with their license plate numbers.
Once the employee has all the required documentation, they may download a claim file in various languages, complete it and send it to the Labor Commissioner’s office together with the additional required documents.