Unpaid wages usually occur when employers purposely misclassify the employees legally entitled wage. Under the California Labor constitution, the employees are always firmly entitled to the legal minimum wage & overtime pay. Unpaid wages are defined as a violation of the California Labor Code; that is why an employer will be responsible for all back-pay and additional penalties imposed.
California has some strictly useful labor laws that are comparatively the most employee-friendly from nationwide. Unfortunately, some companies are violating labor laws, in that context the employees have no option without filing a wage claim. In any type of action against their employer for unpaid wages, employees can be seeking monetary compensation.
Mr Brad Nakase from Nakase Law Firm says, bringing a claim against a current or former employer can be stressful and confusing, it is imperative to contact a qualified and experienced unpaid wage lawyer to get help recovering your earned compensation. Indeed, only unpaid wage lawyers can successfully handle your lawsuits and provide appropriate advice to protect your right.
Whatever; by reading the article first to last, you will learn a basic overview of unpaid wage claims and understand better what it means and what you can do about your unpaid wages.
Gather the Information on the Unpaid Wage Claim:
Information on your employer:
When you decide to file a claim, you need the company employers name and address to submit the Labor Commissioner’s Office. Also, you can add the company name, product label, mailing labels, vehicle license number to identify your employer properly. Even if you have more than one employer; you must add their name, address, and vehicle license.
Other Responsible authority:
In many cases, not only the employer but another responsible person such as manager and supervisor also may violate an employee’s rights. So they must be accountable for this situation.
Record all hour information on work:
If you file a claim, you must need to be supporting documents. Therefore you attach the document everyday work record like when you started and finished work & when you take a meal break and rest break.
Moreover, when you work by a piece rate or contract, you should keep all the documents and your spending time record. In that case, your employer must be paid minimum wage to ensure your paid for work hourly.
Keep all your payment document:
The crucial document of file a claim against is pay stubs, where has mentioned your all wage payment record. Even If your employer has provided a paycheck, but you can’t cash it because your employer account has no sufficient balance.
The Procedure of Unpaid wage claim:
According to the jurisdiction of California Labor Commissioner, You can file a lawsuit against the employer with the Division of Labor Standards Enforcement (DLSE’s) for their unpaid wages or wage-related compensation. But if you work as a freelance contractor, the Labor Commissioner has no jurisdiction over a government agency or designated individuals.
When you file a claim with DLSE, the DLSE authority most of the claim is resolved for hearing through the Labor Code section 98(a). Under the California Labor Code section 98 and 98.3, the Labor Code authority always has the power of investigating and holding a hearing of the matter of wage claim validation.
Filing an Unpaid Wage Claim with DLSE:
When deciding to file a wage claim with DLSE, it may be cheaper, faster, and less risky than a traditional lawsuit. You need first collect the initial claim form (DLSE form 1) to file the unpaid wage claim. Even though the DLSE form has a variation, which depends on your type of wage claim. Such as if you are involved as a commission pay employee, you need DLSE Form1 55. And if you are seeking unpaid wage for meal period or acquired overtimes pay, then you need DLSE form 55. On the other hand, if you are involved with vacation wages, then you require DLSE ‘vacation pay schedule’.
However, filling the DLSE’s Form 1, you may need your legal name, birthday, current location, permanent location, job status, and so on. But you should fill-up the DLSE’s Form as a way that will represent all your detailed information.
