Understanding your rights as a worker is important, especially when it comes to being paid fairly for the work you do. In California, employees are protected by strict laws regarding wages and hours worked. If you feel that you haven’t been paid correctly or that your employer is violating wage and hour laws, it’s important to know the steps you can take to resolve the issue. Filing a wage and hour claim can be an effective way to stand up for your rights. This guide will walk you through the steps of how to file a wage and hour claim in California. At, The Myers Law Group, APC, we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
Understanding Wage and Hour Laws in California
California has some of the strongest wage and hour laws in the country, designed to protect employees. These laws include rules about minimum wage, overtime pay, meal breaks, and rest periods. For example, in 2024, California’s minimum wage is $15.50 per hour for all employers, with some cities having an even higher minimum wage. Employers are also required to pay overtime wages for any hours worked over eight in a day or 40 in a week. On top of that, employees are entitled to meal breaks if they work more than five hours in a day and rest periods for every four hours worked. If your employer isn’t following these rules, you may have grounds to file a wage and hour claim.
Determine If You Have a Valid Wage and Hour Claim
Before filing a claim, it’s important to figure out if you have a valid case. Common wage and hour violations include unpaid overtime, not receiving minimum wage, being forced to work during unpaid meal or rest breaks, and not being compensated for all the hours you worked. To understand if your situation qualifies, you can review your pay stubs and work schedules to see if everything adds up. It’s also a good idea to keep track of any communications you’ve had with your employer about the issue. If there are discrepancies in your pay or hours worked, you may have a strong case to file a claim.
Address the Issue with Your Employer
The first step in addressing a wage and hour issue is to try talking with your employer directly. Many times, wage issues arise because of simple mistakes, and they can be resolved without having to file a formal complaint. It’s possible that your employer may not even be aware of the issue. If you feel comfortable, bring up the problem with your supervisor or human resources department and explain the discrepancy in your pay or hours worked. Be sure to document this conversation, keeping a record of what was said and when. If your employer acknowledges the issue and takes steps to fix it, the problem may be resolved quickly. However, if your employer denies there is an issue or refuses to take action, you may need to file a claim.
Filing Your Claim with the California Labor Commissioner
If you can’t resolve the issue with your employer, the next step is to file a wage and hour claim with the California Labor Commissioner’s Office. This office oversees wage and hour claims in the state and helps employees recover the wages they are owed. To begin, you will need to fill out a claim form, which can be found online on the Labor Commissioner’s website. This form asks for information about your employer, the type of violation you’re claiming, and the specific details of your situation. Be as detailed as possible when completing this form, as it will help the Labor Commissioner’s Office investigate your claim.
After submitting the form, the Labor Commissioner’s Office will review your claim to determine if it is valid. If they find that your claim has merit, they will contact your employer and begin an investigation. This investigation may include interviews with you, your employer, and any witnesses, as well as a review of pay records and work schedules. Depending on the complexity of your case, the investigation can take several months to complete.
Preparing for the Settlement Conference or Hearing
Once the Labor Commissioner’s Office has investigated your claim, they may schedule a settlement conference or a hearing to try and resolve the issue. A settlement conference is an informal meeting where you and your employer will discuss the claim with the help of a deputy labor commissioner. The goal of this meeting is to reach a settlement where your employer agrees to pay the wages owed to you. If both sides can agree to a resolution, the claim will be closed, and no further action is needed.
However, if no agreement is reached at the settlement conference, your case will move to a hearing. A hearing is a more formal process, where both you and your employer will present evidence and testimony to an administrative law judge. During the hearing, you may need to provide evidence such as pay stubs, work schedules, or any other documents that support your claim. The judge will then make a decision about whether your employer owes you unpaid wages. If the judge rules in your favor, they will issue an order requiring your employer to pay the wages owed to you.
Collecting Your Wages
If the judge rules in your favor and orders your employer to pay the wages owed to you, your employer is legally required to comply with the decision. However, some employers may still refuse to pay. If this happens, you have the right to take further legal action to collect your wages. This may involve filing a lien on your employer’s property or taking them to court. The Labor Commissioner’s Office can assist you in collecting your wages, but it’s important to be patient, as this process can take some time.
Additional Considerations for Filing a Wage and Hour Claim
It’s important to note that there are time limits for filing a wage and hour claim in California. In most cases, you have three years from the date of the violation to file a claim. If you wait too long, you may lose your right to recover your unpaid wages. Additionally, if you have faced retaliation from your employer for trying to assert your rights, such as being fired, demoted, or treated unfairly, you can file a separate claim for retaliation with the Labor Commissioner’s Office.
Understanding the wage and hour laws in California can be challenging, especially when it comes to the details of filing a claim. While it’s possible to handle the process on your own, having professional guidance can make the process easier and increase your chances of success. An experienced guide can help you gather the necessary documents, complete the claim form, and represent you during the settlement conference or hearing.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
Seek Legal Help for Your Wage and Hour Claim
Filing a wage and hour claim can be a lengthy and complicated process, especially if your employer disputes your claim. If you’re feeling overwhelmed or unsure of how to proceed, seeking legal help can make a big difference. An attorney who understands California’s wage and hour laws can review your case, explain your rights, and guide you through each step of the process. Whether you’re dealing with unpaid wages, missed breaks, or overtime issues, getting legal advice can help you navigate the process with confidence.
Filing a wage and hour claim in California is a significant step toward recovering the wages you’ve earned. Understanding your rights, knowing the process, and being prepared for each stage can make all the difference. However, it’s common to feel unsure of what to do next, especially when dealing with an uncooperative employer. The Myers Law Group, APC, is here to help you through this process. Our team is dedicated to making sure workers like you get the pay they deserve. If you need help with filing a wage and hour claim or want more information about your rights, contact us today. Let us help you take the next step in protecting your rights as an employee. Reach out to The Myers Law Group, APC, to discuss your case and find the support you need to move forward confidently.