Most individuals are not fully aware that California also has procedures for dealing with wage claims by employees against their present or former employers for their compensation or wages. Such claims can fall within the California Labor Commissioner's jurisdiction and are being administered by Division of Labor Standars Enforcement of California, abbreviated as DLSE.
In order for an individual to file a wage claim, he or she must be an employee by nature since the Labor Commissioner doesn't have any jurisdiction over individuals who are independent contractors and employees of public agencies like state, federal, municipal or county employees. Also, an employer may oppose a claim to the DLSE that the claimant is a public employee or an independent contractor.
An employee who is alleging non-payment of his or her wages as well as other compensation can file a claim against his employer in the office of DLSE in order to commence to an investigation of the wage claim.Claims must be filed within specific statutes of limitations that can vary between 1 and 3 years depending on the claim's nature. Therefore, if it is important for the claims to be filed soon after the non-payment of the employer.
Why Employees Need a Wage Claim
According to DLSE, employees or former employees may file their individual wage claims in order to recover their:Unpaid wages and unpaid wage claims like commissions, bonuses and overtime.Wages that are paid through check and issued with insufficient fundsFinal pay check that is not receivedUnused leave or vacation hours that weren't paid upon the termination of employment relationship. Example: discharge layoff, or quit.
Unauthorized deductions made from pay checksNon-reimbursed or unpaid business expenses.Failure to provide rest period and/or a meal in accordance with Industrial Welfare Commission Order application.Reporting time split/pay shift premiumsWaiting time penalties regarding with the failure to receive the final wages timely during the separation of employment from the companyLiquidated damages regarding with the failure to receive the minimum wage applicable for each hour worked. Penalties for the failure of employer to allow the inspection or copying of payroll records within twenty one days of request.
Learning How to Maximize Your Individual Wage Claim - Know the Law
Knowing the different types of claims that you potentially have might be the most essential part of maximizing your claim. There are lots of employees out there who file for their wage claims without identifying all the potential claims that might be present in their complaint. For example, Anne was forced to report to work about an hour early every day in order to do some paperwork. However, the time she spent doing all the paperwork is not paid. Anne may think that she has just a simple straight time wage claim; but the reality is, if she is meant to be paid for an extra hour a day, then it is an overtime claim and not a straight time claim. Anne may also have her travel time claim, meal period claim, and potentially more other claims. However, if she doesn't know the law very well, then she might only bring her straight line claim and never gain a benefit on the other claims. This then leads to a more effective tip: hiring someone, like an experienced attorney who is knowledgeable about wage claims, to represent your behalf in DLSE office.
Use an Experienced and Professional Wage Claim Attorney
The most ideal way to maximize all your wage claims is to ask the help of an experienced and knowledgeable wage claim lawyer in order to represent you in DLSE office. If she or he is really experienced in Federal way as well as hour law, then he or she should also know every kind of claim that you could bring against your present or previous employer. To know more about wage claims, visit www.kianilaw.com.
