Q:

How do you file a wage claim at the California Labor Commission?

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Quick Answer

Applicants who file wage claims with a California labor commissioner must submit initial report or claim forms, and additional forms required in specific situations, according to the State of California Department of Industrial Relations. Applicants must mail or hand-deliver documents to offices responsible for the areas where the work occurred.

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Full Answer

The California labor commissioner's office, also known as the Division of Labor Standards Enforcement, requires that applicants complete the initial report or claim, DLSE Form 1, which is available in seven languages, according to the California Department of Industrial Relations. The form includes questions related to applicant and employer information, hours typically worked, any bounced wages or last checks, and the amounts of wages that are being claimed. Applicants must also fill out DLSE Form 55 if their work hours varied each week or were irregular, and they are claiming unpaid wages for regular or overtime hours or meal and rest break violations.

Applicants making wage claims based on work completed on a commissioned pay basis must submit DLSE Form 155, as stated by the California Department of Industrial Relations. The Division of Labor Standards Enforcement requires that applicants submit a DLSE vacation pay schedule if they are claiming unpaid wages for vacation time. Other documents such as pay stubs, bounced checks and time records are not required, but are permitted as supporting documentation to assist in adjudicating claims. The California Department of Industrial Relations has a tool on its website to locate the offices to which applicants can mail or hand-deliver wage claims.

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