WAGE THEFT COMPLAINTS
Pay less than the minimum wage or fewer hours
Pay late or have the check returned without funds
Unauthorized deductions from your paycheck
Not paying sick hours, or promised vacations or bonuses
Not having meal periods or breaks, or taking them while working
No reimbursement for food or required mileage
Do not provide access to personal files
HOW LONG DO I HAVE TO FILE MY CLAIM?
1 year for claims for returned checks or lack of access to payroll records
2 years for claims for an oral promise to pay more than the minimum wage.
3 years for minimum wage violations, overtime, non-payment of rest and meal periods, sick leave, illegal deductions from wages or unpaid reimbursements.
4 years if you had a written contract.
You can file your complaint with the office of the labor commissioner, in the department of labor relations.
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FAQs about Wage Theft Complaints
1.Is it better to file with the State Agency (Labor Commissioner) or with the Federal Agency (U.S. DOL)? California law often provides broader protections than federal law, so many claims that are valid under state law might not be under federal law. As a general rule, it is usually safer to file with the California Labor Commissioner (State Agency) However, if your complaint involves labor practices that are widespread across your industry and affect all employees in the company, or if they involve federal regulations, the U S DOL (Federal Agency) might be better suited to handle the case Additionally, if your employer employs minors in hazardous jobs, this could be a serious child labor issue that the U.S. Department of Labor might be better equipped to address. Regardless of the agency you choose to file with, ensure you obtain a case number as soon as possible. When filing a claim online with the State Agency, you can often receive a case number immediately.
2. I always get a lunch break, but I have to stay at my desk or be available in case I'm needed because there’s no coverage. Is that a form of wage theft? Yes Generally, for a lunch period to be lawful, it must be "free of duty " You should be able to leave for the duration of the lunch break if you choose If you cannot, it may be considered wage theft unless you fall under one of the exceptions Some occupations require on-duty meal periods due to the nature of the work (e.g., hospital nurses, EMTs, some healthcare workers, firefighters, and others based on the nature of work). For an on-duty meal period to be lawful, there must be a written agreement, and the meal period must be paid.
3. If I work less than 5 hours in a day, am I entitled to a lunch break? In California, if you work less than 5 hours a day, you are not entitled to a lunch break. However, if you work more than 5 hours a day, you should receive at least one 30-minute lunch break that is free of duty If you work more than 10 hours, you may be entitled to additional lunch breaks
4. If I don’t get any rest breaks, is that wage theft? Generally, yes. In California, you are entitled to one 10-minute rest break free of duty if you work between 3.5 and 6 hours in a day. If you work more than 6 hours, you are entitled to at least two 10-minute rest breaks or more, depending on the total hours worked.
5. If I have to complete some duties to prepare for work (e.g., open the shop, log in to my computer) or to leave work (e.g., close the shop), is that time paid? Yes, any efforts to set up your station or close the shop count as time worked and should be paid You should not be required to arrive early or stay late to complete these tasks without compensation.
7. What evidence do I need? Wage theft complaints require evidence or at least a written record. You should make calculations of how many lunch breaks and rest breaks you missed per pay period, up to 3 years. Estimates are enough. Calculate the hours worked that were overtime but not paid at least at “time and a half” (your hourly wage x 1.5) each pay period. Review your previous pay stubs or bank statements to identify instances of late payment or bounced checks If you can provide estimates of these figures, you may have a viable claim It is best to do separate calculations per each period when your hourly wage changed (see sample)
*Different rules might apply in certain industries, consult with an employment law attorney as needed.
Sample Wage Theft Record
My Record
