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How do I file a wage theft claim?
Under California law, these manufacturers and retailers are called “guarantors” and must guarantee that garment workers receive their wages. To file a claim, complete the Garment Initial Claim form and mail it or take it to any of the Labor Commissioner's district office locations.
How do I file a claim with the labor board?
1 Decide if a Wage Claim is the Best Option. 2 Prepare the Wage & Hour Claim. 3 Gather Supporting Documents. 4 Locate the Local ELSE Office & File the Claim. 5 Attend the Settlement Conference. 6 Wait for a Notice of Hearing. 7 Attend the ELSE's Berman Hearing.
How do I file a claim with the Department of Labor?
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. There are WHO offices throughout the country with trained professionals to help you.
What happens after you file a wage claim?
In a wage claim, you can collect wages that your employer failed to pay, for things like overtime, commissions and bonuses, travel time, business expenses, meal and rest breaks, unauthorized deductions from your paycheck, and delays in providing your final paycheck.
How long does it take for a wage 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.
What happens when you file a wage complaint?
The wages and hours of California employees are protected by both state and federal law. A wage claim is a type complaint that workers can file against their employer (or former employer) to recover money they are owed. They provide a simple process for workers to legally prove they are entitled to pay.
How long does a wage claim take in California?
If the unpaid wage claim is based on an oral agreement (no written contract), the claim must be filed within two (2) years. If the unpaid wage claim is based on a written agreement, the claim must be filed within four (4) years.
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