What is the process for filing a wage claim?
In California, filing a wage claim can be done through the California Division of Labor Standards Enforcement (DLSE). To begin the process, the employee needs to complete a Wage Claim Form and submit it with the appropriate fee to the local DLSE office. Once the form and fee have been received, the DLSE will review the claim and determine if the employee is entitled to payment. If the DLSE finds that the employee is owed wages, they will issue a wage claim on behalf of the employee. The wage claim will outline the amount of money the employer owes and include instructions on how the employer must proceed. Once the wage claim has been issued, the employer has 15 days to either pay the wage claim or to file a written rebuttal with the DLSE. If the employer chooses to do neither, the DLSE can proceed to collect the wages without further action by either the employee or the employer. If the employer does not pay the wages or refute the wage claim within the 15 day time frame, the DLSE may refer the claim to the California Superior Court for a hearing. At the hearing, both the employee and the employer will have an opportunity to present their case, and the court will decide whether the employee should be awarded wages or not. Finally, if the court decides in favor of the employee, the employer is obligated to pay the wages as determined by the court. The DLSE will monitor the employer’s payment of the wages, and if the employer does not comply with the court’s order, the DLSE may take further legal action.
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