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You can file your claim by email, mail or in person, download a claim form, complete and print it, attach applicable documents and mail to the Labor Commissioner's Office. The claim forms and instructions can be downloaded and printed in multiple languages.
When a wage claim is filed, the Labor Commissioner's Office investigates the claim to determine if any wages or benefits are owed. In most cases, a settlement conference between the employee and employer is scheduled to resolve the issues. Learn more about the wage claim process.
Late or Unpaid Final Wages An employer who fails to pay wages due on termination may be assessed a waiting time penalty for each late day. The waiting time penalty is equal to the amount of the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
File the wage claim in person at one of the Labor Commissioner's Office locations. Or. Make sure to file your claim within the deadline: Violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years from the time the problem occurred.
So, in general, a wage claim brought before the Labor Commissioner will be resolved in between three months to two years. Remember, if you have an attorney who knows what he is doing with wage claims, your wage claim is likely to go faster.
If you have questions or concerns, you can contact us at 1-866-487-9243 or visit www.dol.gov/agencies/whd. You will be directed to the nearest WHO office for assistance.
To file a complaint for unpaid wages under the FLEA, you may either go to the WHO, which may pursue a complaint on your behalf, or file your own lawsuit in court (which may require you to hire an attorney). Do not delay in contacting the WHO or your state agency to file a claim.
Time to File Under Federal Law Under the Fair Labor Standards Act (FLEA), you must typically file your lawsuit within two years of the date of your employer's wage violation. If the wage violation is ongoing, you will only be allowed to recover unpaid wages for the two years prior to filing your claim.
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