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What is Wage Theft?
Wage Theft is something many workers in California experience, and you may be experiencing a form of wage theft without even knowing it.
When a worker does not receive the wage they have earned, that is wage theft. But wage theft goes beyond this. Some common forms of wage theft include:
Not being paid for overtime
Not being given meal/rest breaks
Minimum wage violations
Wage-based retaliation for speaking up
Misclassification of work
Unpaid or underpaid work based on immigration status
This is important to know because as a worker in California, your rights protect you against wage theft, regardless of your immigration status!
As a worker in California, you have the right to
Receive the wages you have earned
Ask about your pay and working conditions (without retaliation!)
If any of the above things have happened to you, you can file a Wage Theft claim with the Labor Commissioner's Office and receive the pay you have earned.
How to File a Wage Theft Claim
You can file a wage theft claim online or in person with the Labor Commissioner's Office. Click here to find a location near you.
First, make sure you gather all of the information and documentation needed to file your claim. That includes things like:
Information on your employer (name of supervisor, name of company, address, etc). If necessary, you can write down the license plate number for the person who pays for you.
The hours you worked: write down the time you begin and end your work, along with the time of your meal and rest breaks, and total hours you work (if you are paid by contract or piece rate, you should still earn the minimum wage for each hour worked).
Your pay stubs
The location you worked
Names and contact information of other people you worked with or who saw you work
Once you have this information, complete and file the "Initial Report or Claim" file with the Labor Commissioner office. Submit this form with copies of your supporting documents.
Find more detailed instructions here.
Deadlines
Be aware of the following deadlines for when you file a wage theft claim:
You have two years to file claims based on an oral promise to pay more than minimum wage
You have three years to file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements
You have four years to file claims based on a written contract