Presenting a claim for unpaid wages and overtime pay at a labor board hearing
One of the more simple and more effecient ways to pursue a claim for unpaid wages or unpaid overtime, failure to provide rest breaks and meal breaks, failure to reimburse for business expenses, and failure to pay earned commissions is by submitting a wage claim to your local DLSE office (Department of Labor Standards Enforcement). California Labor Board website contains detailed information about filing a wage claim.
Their site also include a link to the wage claim form which the claimant needs to fill out properly, submit any supporting evidence and mail to their local DLSE office. The Department will then schedule a conference where both parties (the employee and the employer) will have the opportunity to present their side of the story to the agency's deputy and try to informally settle the claim. In many ways, the labor board conference meeting is just like mediation.
If the claim is settled, the parties will sign the appropriate papers, will agree on the terms of payment (amount, timeline, etc...) and the case will be closed upon the confirmation to the labor board that the payment aggreed upon has been received. The terms of the agreement are strictly enforced, and if the employer fails to pay the amount agreed upon by the stated deadline, a fully amount claim will automatically becomce that claim's judgment. LIke with mediations, the advantages of setting the wage claim at a conference is having the benefit of rearly resolution, and certainty of the outcome, especially considering the fact that in many counties the hearings are set 6 months or longer after the unsuccessful conference.
If the claim is not settled during the conference, then the Department will schedule a hearing during which the parties will have the opportunity to present their side of the story, present their evidence, make their arguments, cross-examine each other, and let the judge rule on the claim. The judgment of the labor board will become the final judgment, which is as binding as any court judgment, unless appealed within 10 days.
The advantages of the labor board process over the civil lawsuit in court for unpaid wages is that the labor board track is much more simple and cost effective. However, every claimant who believes that he/she has a claim for a significant amount of money (over $5,000) is advised to, at least, consult an attorney in order to evaluate their case and also determine whether they could benefit from being represented by an attorney in the labor board proceedings.
Their site also include a link to the wage claim form which the claimant needs to fill out properly, submit any supporting evidence and mail to their local DLSE office. The Department will then schedule a conference where both parties (the employee and the employer) will have the opportunity to present their side of the story to the agency's deputy and try to informally settle the claim. In many ways, the labor board conference meeting is just like mediation.
If the claim is settled, the parties will sign the appropriate papers, will agree on the terms of payment (amount, timeline, etc...) and the case will be closed upon the confirmation to the labor board that the payment aggreed upon has been received. The terms of the agreement are strictly enforced, and if the employer fails to pay the amount agreed upon by the stated deadline, a fully amount claim will automatically becomce that claim's judgment. LIke with mediations, the advantages of setting the wage claim at a conference is having the benefit of rearly resolution, and certainty of the outcome, especially considering the fact that in many counties the hearings are set 6 months or longer after the unsuccessful conference.
If the claim is not settled during the conference, then the Department will schedule a hearing during which the parties will have the opportunity to present their side of the story, present their evidence, make their arguments, cross-examine each other, and let the judge rule on the claim. The judgment of the labor board will become the final judgment, which is as binding as any court judgment, unless appealed within 10 days.
The advantages of the labor board process over the civil lawsuit in court for unpaid wages is that the labor board track is much more simple and cost effective. However, every claimant who believes that he/she has a claim for a significant amount of money (over $5,000) is advised to, at least, consult an attorney in order to evaluate their case and also determine whether they could benefit from being represented by an attorney in the labor board proceedings.
