Do You Know What Type of Information You Need to File a Wage Theft Claim With the Division of Labor Standards Enforcement?
In California, employees who fall victim to wage theft have legal recourse. In California, if an employee is a victim of wage theft, they can;
- file a lawsuit in court, or
- file a wage claim with a federal agency, or
- file a wage claim with the Division of Labor Standards Enforcement (DLSE)
and recover the money they are owed.
This article discusses some of the information you need when filing a wage theft claim with the Division of Labor Standards Enforcement.
What is Wage Theft?
Wage theft in California happens when an employer pays an employee less than the minimum wage per hour. It may also be wage theft if your employer;
- Refuses to allow you to take meal breaks and rest breaks
- Does not give you agreed-upon wages
- Does not pay bonuses or agreed-upon vacation
- Takes unauthorized deductions from your paycheck
- Fails to reimburse you for business expenses
- Fails to pay you your final wages in a timely manner
Some of the Information You Need to File a Wage Theft Claim With the DLSE
If you have fallen victim to wage theft in California and believe filing a claim with the DLSE is the best option, you need to understand the information you need to file your claim. The following is some of the information you need to file a wage theft claim with the DLSE.
The Employer’s Information
Firstly, if you want to file a wage theft claim against an employer with the DLSE, you need to gather information about the employer. For example, you need the employer’s name, address, and telephone number.
Your Personal Information
Secondly, you need to submit your personal information when filing a wage theft claim with the DLSE. For instance, you need to submit your employee information, name, and birthdate.
Your Contact Information
Thirdly, you need to have your current contact information ready. You need to have your current email, phone number, and mailing address ready.
Lastly, you may be required by the DLSE to file certain documents to support your wage theft claim. Submitting supporting evidence can, among other things, increase your credibility and make it easier for DLSE to understand your claim.
The following are some of the supporting documents you may need to file to support your wage theft claim;
- Pay stubs
- Dishonored paychecks
- Time records
- Employment information
- Union agreement
- Documents from the employer describing the basis for your compensation
The type of supporting documentation you may need to file to support your wage theft claim will depend entirely on the specifics of your case.
It is crucial to note that if your claim proceeds to a hearing, you might be required to submit originals of supporting documents.
Contact a California Employment Lawyer Today
If you are an employee in California who is considering filing a wage theft claim with the DLSE, you should reach out to a qualified employment lawyer for legal guidance. This option may or may not be the best option for you. An attorney can advise you accordingly.