Unpaid wage is relatively insightful terms of conceptual behaviors of employers which is why the employees aren’t enabled to receive their legally entitled wage. It is one kind of wage theft that is usually happened by the employer. The unpaid wage claim or wage theft is wholly illegal and fine-able offence under California Labor Act, which firmly ensure the employee’s rights.
California’s Labor Code has authorized a strong civil policy to encourage all employers to make proper payment of wages on time. If employees do not get their full wages to be paid on time, they can’t afford their necessities cost, which is a clear violation of basic rights.
Whatever; if you believe you’re the face of unpaid wage or wage violation, it is imperative that contact a qualified and experienced unpaid wage lawyer who has successfully handled lawsuits to get help recovering your earned compensation.
In that context, the article will explain a comprehensive analysis of the process of initiating and participating in filing an unpaid wage claim in California and provides an idea about required supporting documentation to file a claim.
A Brief Description about Unpaid Wage Claim Procedure
Under the California Labor Commissioner guidelines, the employee can file a lawsuit against the employer with DLSE’s (Division of Labor Standards Enforcement’s) for their unpaid wages or wage-related compensation. In individual cases, there are has no jurisdiction of the Labor Commissioner over a government agency or designated individuals as a freelance contractor. Even in some instances, collective bargaining agreements of union members working has no jurisdiction over a wage claim according to base on the California court decisions and law.
According to the Labor Code section 98 and 98.3, the Labor Code authority always has the power of investigating and hold a hearing of the matter of wage claim validation; even under those law section 98 (a) both are includes.
Indeed, the wage claim procedure is so complicated that is include a massive records document. Moreover, the DLSE authority most of the claim resolved for hearing through the Labor Code section 98(a).
Instruction for Filing the Complaint
As a plaintiff, you will first collect the DLSE Form 1(initial claim form) to an unpaid wage claim against your employer from your local DLSE’s office, and fill-up the form by keeping information that is required. When you fill-up, it is important to file the claim to do provides as much information as possible.
In that context, filling the initial form, you may need your legal name, birthday, current location, permanent location, job status, and so on. But DLSE form has some variation if you are involved as a commission pay employee, you need DLSE Form1 55. And if you are seeking unpaid wage for meal period or acquired overtimes pay, then you need DLSE form 55. On the other hand, if you are involved vacation wages, then you require DLSE ‘vacation pay schedule’.
Most Essential Supporting documents to File an Unpaid Wage Claim
To prove you allegation and taking proper compensation, you need to submit some essential unpaid wage-related material. The following are some essential document that you must submit with you claim-form (don’t submit original copy).
You must submit in such hours and dates records paper, which strongly supports your claim.
Paystubs & Paychecks:
You must provide your wage payment document or payment checks that you received.
If your employer has provided a paycheck, but you can’t cash it because your employer account has no sufficient balance. It is a vital document for you to recover your desire compensation.
Collective Bargaining Agreement for an Unpaid Wage Claim:
If you work by a union contract, then you should know this matter on your deputy labor commissioner.