California laws have made minimum wage laws pretty straightforward and easy to follow, with two rules that cannot be broken under any circumstance:
- No individual can agree to accept any payment that goes below the stipulated minimum wages
- Employers are not allowed to reduce any wages on account of any tips received
In the event that your employer fails to meet these payment standards, you have the right to file a wage claim for unpaid compensation charges with the Division of Labor Standards Enforcement (DLSE). In order to obtain a positive result, it is important that you familiarize yourself with the steps involved in the process:
Have the Deputy Labor Commissioner review your claim
All wage claims in the state of California are handled by an entity known by the Deputy Labor Commissioners. Upon filing your claim, it will be assigned to a specific agent of the Commission, who will review it and decide whether to schedule a first hearing between you and your employer or to directly schedule a hearing with the Labor Commissioner. At this point in your claim, it is important to know that it is possible for your claim to be entirely dismissed due to lack of evidence.
Have the DLSE schedule a wage claim conference
This first hearing involves different members of the DLSE and it may either fail in your favor, leading to the employer agreeing to pay an outstanding amount, or it can lead to the Commissioners may decide to further investigate matters.
Attend your wage claim hearing
If further investigation is required, this kind of hearing will require both sides to present evidence and give their testimony under oath. Based on this information, the Labor Commissioner will proceed to issue an Order, Decision, or Award (ODA).
If required, submit an ODA appeal
Whether you or your employer decide to contest the ODA, this process will require taking the matter to civil trial court. If you are denied what you consider your rightful payment, this new trial will require a new show of evidence, after which the court will decide a final outcome no matter what the result at the original DLSE hearing was.