You have the right, under federal and California labor laws, to file a wage claim to seek payment for hours you worked which your employer has failed to pay, and to which you are entitled. The Federal Labor Standards Act (FLSA) is legislation that oversees overtime wages and the mandatory minimum wage for U.S. federal workers. The statute of limitations imposed under the FLSA requires that a wage claim must be filed by the affected worker within two years (for non-willful violations) or three years (for willful violations) after the date the wages were due. Meanwhile, bear in mind that the claim procedure has a resolution timeline, which starts with claim filing and ends with settlement payout reimbursement. In addition, California’s legislative scope as to wages is much broader than the FLSA. The California Labor Code contains minimum and overtime wages provisions, meal and rest break provisions, and many other related wage-related laws; and other California statutes may also affect workers’ wages or working conditions. The statute of limitations for these claims is typically two to four years, depending on the facts.
Via this blog post, UELG’s employment law professionals explain how to file an unpaid pay claim and how long it takes to recover lost wages.
General considerations of Filing a wage claim:
- Unpaid Wages
- Unpaid Overtime
- Final Paycheck
When seeking unpaid wages, claims can be filed with the appropriate governmental agency, or a complaint can be filed with a court of law. A federal FLSA claim can be filed with the U.S. Department of Labor’s Wage and Hour Division. A California Labor Code claim can be filed with California’s DLSE (California Division of Labor Standards Enforcement). Federal FLSA or California Labor Code and other claims can also be filed in a Court of law (either a federal or California court, depending on the facts).
If you submit a claim with the federal DOL Wage and Hour Division, or with California’s DLSE, these agencies will look into and investigate the unpaid wage claim details shared by you. To fact check the claim they might reach out to either you or your employer. They will attempt to mediate and settle the matter. The agencies will then make a decision on your pay claim based on the findings of the investigation. If they determine in your favor, you are entitled to the compensation you are due.
Here’s the governmental agency claim resolution timeline:
The resolution timeline in the federal or California agencies for unpaid wage claims varies based on several factors, including the case’s complexity, jurisdictional restrictions, and the parties’ desire to negotiate or litigate. Below is a broad overview:
- Filing the Claim: The procedure to secure the average settlement for unpaid wages usually starts when a worker files a complaint to California’s DLSE or the federal Department of Labor’s Wage and Hour Division.
- Initial inquiry: Upon receipt of the unpaid wage claim, these agencies will begin an inquiry into (investigate) the claims. This inquiry may include gathering evidence, interviewing persons involved, and evaluating pertinent documents.
- Mediation or Resolution Debates: In some circumstances, the parties may participate in mediation or settlement negotiations supported by the governmental agency.
- Court Hearing or Adjudication: If the matter cannot be addressed through mediation or settlement, it may escalate into an administrative hearing or adjudication. This entails presenting facts and arguments to the hearing officer.
- Judgment and Appeals Process: Following the hearing, the hearing officer will decide whether you are entitled to the wages you claim are owed. The hearing officer can also order various remedies for payment to you, which may include wage garnishment, property liens, or other legal measures. Further, if the decision is not favorable to you (i.e., you do not win the hearing), you may have the option of appealing the judgment to a higher authority, such as an appellate board or a Court of law.
Connect with UELG’s best employment lawyer today.
If you have any inquiries or concerns about your unpaid wage claim or labor laws, the best employment lawyer at UELG can assist. We are a team of skilled and knowledgeable unpaid-wage lawyers who offer legal representation that links people with other skilled and extraordinary wage lawyers in California. Our network of attorneys can provide you with the skill, knowledge and experience needed to assist you to properly negotiate the complexity of your wage claim, and we are committed to help ensure that you get the best outcomes possible.
Conclusion
Filing a wage claim in California seems challenging, but it is a legal procedure meant to help you stand up for and defend your rights as an employee. Remember that documentation is essential, and open communication may sometimes resolve the wage issues without needing to go through the official government agency procedures or court legal system. Furthermore, consult with the team of the best employment Lawyers at UELG at (888) 545-0013 who will strive to win your unpaid wage claim without any complications.
