California Unpaid Wages Law
California law says that any employee that is terminated must be paid all her wages, including accrued vacation, immediately at the time of that termination. (See Ref 4) "Wages" includes all amounts owed for work performed by employees of every description, whether the wage is fixed or ascertained in terms of time, task, piece, commission or any other method of calculation. An employee who does not have a contract for a definite amount of time and quits after giving 72 hours notice must be paid all of his wages within 72 hours of quitting. An employee who quits without giving 72 hours notice may request that his final wages be mailed to him.
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What Qualifies
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According to the California Division of Labor Standards Enforcement (DLSE) website, employees or former employees may file a claim concerning unpaid wages if the employee still owes wages, including commissions and bonuses. This could also include checks that were issued with insufficient wages, if a final paycheck was never issued, the employee was not compensated for business expenses, or if the employer failed to provide a meal or rest period in accordance with the Industrial Welfare Commission Order. (See Ref 1)
Time Period
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Wage claims based on oral agreements must be filed within two years. Claims based upon written agreements must be filed within four years. Claims for minimum wage, unpaid overtime or other statutory claimed have to be filed within three years from the date the claim arose. If you try to file a claim for unpaid wages after these time periods, the Statute of Limitations Unpaid Wages guidelines say you are out of luck. No matter how much the employer owes, they will not be required to pay anything if the claim occurs outside of this time window. (See Ref 2)
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Making A Claim
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Anyone wishing to file of a claim to recover unpaid wages must download, complete in full and print the Initial Report of Claim form from the CA.gov DLSE website. The form must be signed and dated. Any copies of documents you have that support your claim must be included with your claim form. You are advised not to send the original documents that support your claim in case they are damaged or lost. Some people might choose to hire a lawyer who is knowledgeable of employment law to handle their attempt to receive their unpaid wages.
Where to Claim
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Claims must be mailed to or filed in person with the Department of Labor Standards Enforcement office that handles the wage claims for the area in which the work was performed. An alphabetical listing of locations and their offices can also be found on the CA.gov DLSE website. Claims cannot be filed online or sent through email since they require a signature.
Who Isn't Protected
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Employees who are not contracted with the company or who are volunteers are not protected under the unpaid wages law. In some cases, an employer might wrongfully say that the employee or former employee was an independent contractor or volunteer. If the employee says this and it is not true, the person seeking their wages will probably want to hire a lawyer to help get their unpaid wages and overcome their employer's or previous employer's objections.
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References
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