Unpaid Wage Claim FAQ Guide

Unpaid wages refer to any earnings an employer fails to pay an employee for their work. This could include unpaid hourly wages, salaries, overtime pay, bonuses, commissions, or meal and rest break violations. California labor laws require employers to pay employees for all hours worked promptly.

Any employee, regardless of immigration status, can file a claim if their employer has not paid them correctly. This applies to hourly workers, salaried employees, and even independent contractors misclassified by their employers.

The statute of limitations depends on the type of claim:

• Unpaid wages, overtime, or sick pay: 3 years
• Meal and rest break violations: 3 years
• A written contract: 4 years

Filing as soon as possible is recommended to avoid delays. If you need legal assistance, you can hire an experienced unpaid-wage lawyer at Shaker Law Group.

You can file a claim with the California Labor Commissioner’s Office. Here’s how:

• Gather all relevant documents (pay stubs, work schedules, emails, etc.).
• Fill out the appropriate claim forms, which are available online at the California Department of Industrial Relations website.
• Submit the forms online, in person, or via mail to your local Labor Commissioner’s office.

For detailed steps, visit the official California DIR Wage Claim Process page.

Once your claim is filed, the Labor Commissioner’s Office will:

• Review the claim and determine if it’s valid.
  Try to resolve the issue through a conference or settlement.
• Schedule a hearing if the issue cannot be resolved earlier. At the hearing, both you and your employer present evidence.
• If your claim is successful, you may receive back wages, interest, and penalties owed by your employer.

Understand your rights to unpaid wages in California. Learn how to file a claim, recover owed wages, and seek expert legal help if needed.