If your California employer owes you wages, you can try to collect them by filing a wage claim with the Division of Labor Standards Enforcement (DLSE), also called the Labor Commissioner's office. This article explains generally how this process works.
Step One: File the Initial Report or Claim Form
The first step in the process is to file your initial claim form, in which you list your contact information and your employer's contact information, explain your dispute(s) with the employer, and state how much you think you are owed. Once you have completed the form, make a copy of it for yourself. Then, file the original at the Labor Commissioner's office in the California county where you worked (not the one where you live, if they are different).
Although filing your report is the first step in the wage claim process, it shouldn't be your first effort to get your money. It always makes sense to ask your employer to pay voluntarily before you file a claim. If your employer didn't know the law, didn't realize you hadn't been paid, or just didn't think you would stand up for yourself, asking for your money may be all you need to do. If not, at least your employer will be on notice -- and won't later be able to claim that it didn't know about the problem.
Step Two: Pre-Hearing Conference
Once your claim is filed, the Labor Commissioner's office will likely send both you and your employer a Notice of Claim and Conference. This document will include the date and time of your pre-hearing conference, which you must attend. At the conference, a couple of things usually happen. The official in charge of the conference (usually a Deputy Labor Commissioner) will try to get you and the employer to agree to settle the case. If that doesn't work, the Deputy will have to decide whether to allow your case to proceed or to dismiss it. Unless your case is dismissed or settles, the meeting will end with the Deputy drafting the official complaint against your employer (based on your claims) and asking you to sign it.
You should come to the conference prepared to prove that you are owed money -- and how much. Bring all the evidence you have, such as pay stubs, employment agreements, and so on.
Step Three: The Hearing
If your case continues, you and the employer will receive a Notice of Hearing, explaining when and where the hearing will take place. You must attend the hearing, which is like a less formal version of a trial. A hearing officer will hear the dispute and make a decision.
At the hearing, you must be ready to prove every aspect of your claim, including how much you were underpaid and how your employer broke the law. For example, if your employer classified you as exempt from overtime and you believe you should have been paid, you will have to present evidence that you were not exempt (which might include evidence of your job duties, title, your job description, performance reviews that list your responsibilities, and so on), evidence of how many overtime hours you worked, and evidence of your regular rate of pay, on which your overtime pay will be based. You can present documents and witness testimony at the hearing.
Step Four: The Decision
The hearing officer should issue a decision in your case shortly after the hearing. (Although decisions are supposed to be made within 15 days, it might take longer.) Either you or the employer can appeal the decision to California Superior Court.
Getting Help
It can be tough to figure out what evidence to present, what witnesses to call, and how to best make your arguments at the hearing. If you're uncomfortable with the process, you might want to consult with an employment lawyer. Having a lawyer represent you will make the process easier -- but of course, it will also cost money. If you decide to handle the procedure on your own, check out Do-It-Yourself Recovery of Unpaid Wages, available free online from the San Francisco Legal Aid Society's Employment Law Center. You can also find helpful information at the Labor's Commissioner's website.
