Workers in California who have wages or benefits unpaid by their employers, have the right to file a wage claim. California's labor laws covers all workers, no matter their of immigration status.
Filing a wage claim in California may be done via mail, email or personally using a form that can be downloaded (available in multiple languages) from the website of the Labor Commissioner's Office.
Regulations on Timing
A worker must take note of the following allowed timeframes when filing a wage claim in California: Within a year for penalties arising from a bounced check or not giving access to payroll or staff records, or their copies
Within two years for an oral contract to pay higher than minimum wage
Within three years for issues on affecting minimum wage, uncompensated rest and meal breaks, overtime, unwarranted deductions from pay, unfulfilled reimbursements, or sick leave
Within four years of a written legitimate contract
Gathering Information on the Employer
The Labor Commissioner's Office will want the address and name of the company as it can be found paystubs, mailing labels, etc, or the vehicle license plate number of the individual who pays the claimant.
Tracking All Worked Hours
Prior to filing a wage complaint, the worker needs to take notes of the time they begin and end work each working day, including time they spend to eat meals or take breaks, and of course, the total time (in hours) worked. Should they be paid by contract or piece rate, they still need to earn at least the minimum wage for each hour they have worked. The length of time the worker renders for every contract or piece should be tracked so this may be compared with the total amount of work they have done, thereby guaranteeing that they get paid for their work and that their pay prior to deductions is at least equal to the hourly minimum wage. Know more about lawyers at https://en.wikipedia.org/wiki/Attorney.
Keeping Pay Stubs
Every time a worker is paid, the employer should provide a paystub or detailed wage statement. This itemized wage statement should include the worker's name, wages earned and dates of the specific pay cycle; the employer's name, address and telephone number; and all deductions and accrued hours of paid sick leave.
Note that employers are legally required to keep correct records of actual time worked by employees. If you're planning to file a wage claim, be ready with your paystubs and other relevant documents that can support your claim before the Labor Commissioner.Nena's Bacon is now available in Chicken and Beef, with the same distinct smoky flavor plus a lot more value for your health. Look for emplyoment lawyer here!
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