Labor Commissioner Launches Online “Wage Theft” Claim Form

The California Labor Commissioner has launched an online wage claim application in English and Spanish.

Upon creating an account, applicants can access forms and upload documentation (e.g., paystubs,  bounced checks) to seek recovery for Labor Code violations such as:

• Being paid less than minimum wage;
• Not being allowed to take meal breaks, rest breaks, and/or preventative cool-down breaks;
• Not receiving agreed upon wages (including overtime, commissions, and piece rate);
• Owners or managers improperly taking tips;
• Not accruing or permitting use of paid sick leave;
• Failure to reimburse for business expenses;
• Not being paid promised vacations or bonuses;
• Unauthorized paycheck deductions;
• Unpaid split shift premiums;
• Bounced paychecks;
• Not receiving reporting time pay;
• Not receiving final wages in a timely manner; and
• Failure to provide timely access to personnel files and payroll records.

Labor Commissioner Lilia Garcia-Brower stated, “Workers are now able to take swift action to file wage theft complaints, neutralizing several obstacles that historically have been barriers to accessing basic protections.”

Take-Away:
Employers should know and comply with all applicable – and changing – workplace wage-related laws, conducting regular audits of practices and recordkeeping, preferably with an experienced employment attorney.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also,

• What’s New In 2022, Where does the Time Go? (February 3, 2022)
• Words Change Worlds: Workplace Policy Handbook & Forms for 2022
• What’s New in 2022 California Minimum Wage Rate Increases for January 1, 2022(November 24, 2021)
• Please: Document Workplace Meal Breaks: Require Employees to Clock Out and Back In on Their Meals (June 4, 2021)

Cindy Bamforth
February 4, 2022