Wage Claims

Employees who are owed money may file a wage claim with California Division of Labor Standards Enforcement or request a “right to sue letter” and file a lawsuit.

If you believe you are owed money for work you have done or have been improperly paid, you can file a “wage claim” with the California’s Division of Labor Standards Enforcement (DLSE). The DLSE has the power to investigate the employee’s claims.

In addition, the Labor Commissioner will hold a hearing on an employee’s complaints regarding any of the following issues:

• unpaid wages,

• unpaid commissions,

• unpaid vacation wages,

• failure to pay minimum wage,

• failure to pay overtime,

• failure to make payments for agreed benefits,

• failure to make timely payment of wages after termination, including late payment or nonpayment of final wages,

• meal and rest period violations,

• unpaid split shift premium,

• unpaid reporting time pay,

• unlawful deductions from a paycheck,

• unreimbursed business expenses.

However, if you have choose to simply file a lawsuit, you may request a “right to sue letter” from the DLSE to bypass a hearing with the Labor Commissioner and begin the process of filing a lawsuit in California superior court.

There are some pros and cons to both a Labor Commissioner hearing or going ahead with a lawsuit against your employer in superior court. Our attorneys can help you decide which process works best for you and help you evaluate any potential claims you may have against your employer.