As an employee, it is critical that you receive the minimum wage that the law guarantees for you and that you are correctly paid for any work you do. There are many laws in the state of California that protect you and define how you should be paid your wages. Do you think your employer is not doing it? You don’t have to worry; there is a straightforward way to solve it: you must file a wage claim, and in this week’s blog, we’ll tell you exactly how to do it.
What type of claims can I make?
You can make a claim if your employer does not respect employment laws concerning your salary. This includes:
- Violation of the payment of the minimum wage
- Violation of the payment of overtime hours
- Break/meal schedule violations
- Tips and unpaid commissions
- Unpaid vacations
- Unauthorized salary reduction
- Settlement payment violations.
How do I make a claim?
You have to fill out a DLSE 1 form and submit it to the Labor Standards Enforcement Department. These are the forms that you must fill out depending on the claim you will make:
- DLSE Form 55 if you have irregular work hours
- DLSE Form 155 if you are going to claim unpaid commissions
- DLSE Payment for vacation hours if you want to make a claim for unpaid vacations.
What documents do I have to include?
It is not always necessary to present extra documents but having the following could help your case:
- Notice to your employer
- Bad checks
- Proof of payments
- Any record of the hours you worked.
What is the time limit in which I can make a claim?
For most claims, you can wait a maximum of 3 years. But if your employer made you a promise that you do not have in writing, the limit for a claim is two years, while if you have a contract, the limit is four years.
How much can I receive for my claim?
- If you were not paid the minimum wage, you have the right to receive the difference from what was owed to you.
- If you were not paid overtime, you would be entitled to receive an extra 50% of your normal salary for the hours worked.
If you need help with any of these issues, give us a call.
