When your employer fails to pay the wages or benefits you have earned, filing a wage claim is one of the most effective ways to recover what you are owed. California law provides strong protections for workers, regardless of immigration status, and the Labor Commissioner’s Office offers a formal process to resolve disputes over unpaid wages.
From gathering evidence to attending a hearing, filing a wage claim involves several key steps. Knowing what to expect can help you prepare and improve your chances of a successful outcome.
Important steps in filing a wage claim
The process of filing a wage claim is designed to be accessible to all workers and includes several important steps that strengthen your case. Here is what to keep in mind as you prepare your claim:
- Consumer response information: Before you file, gather as much information as possible about your employer. This includes the company name, address and any names or contact details of managers or supervisors. Look at your pay stubs, product labels or take note of license plate numbers if the employer’s name is not available.
- Tracking your hours: Accurately record the hours you work, including start and end times, meal breaks, rest periods and total hours per day. Even if you are paid by contract or piece rate, you should be earning at least minimum wage for all hours worked.
- Saving your pay stubs: Every time you are paid, your employer must give you an itemized wage statement. This includes your name, the dates of the pay period, wages earned, hours worked, sick leave accrued and any deductions. Keep these records — they can help support your claim.
- Filing the claim: You can file your claim online, by mail, email or in person. The more documentation you provide, the easier it is for the Labor Commissioner to assess your claim.
Note that deadlines for filing vary: One year for bounced checks, two years for oral agreements and up to four years for written contracts.
Filing a wage claim may involve a settlement conference and, if needed, a hearing before a decision is made. While the process may take time, California employment laws are designed to protect workers and hold employers accountable. Taking action not only helps you recover lost wages but also protects your rights in the workplace.