Alex What happens when you file a wage claim?
When a wage claim is filed, the Labor Commissioner’s Office investigates the claim to determine if any wages or benefits are owed. In most cases, a settlement conference between the employee and employer is scheduled to resolve the issues. The Labor Commissioner’s Office has no jurisdiction over independent contractors.
When do employers have to pay for furloughed employees wages?
From 1 July 2021, the level of grant will be reduced each month and employers will be asked to contribute towards the cost of furloughed employees’ wages. Dates added for claim deadlines and claim amendment deadlines for May to September 2021.
Do you need to file a wage claim with the Labor Commissioner?
File your wage claim. The Labor Commissioner’s Office has no jurisdiction over independent contractors. Some workers who are misclassified as independent contractors are not provided basic labor rights. If you believe your employer is misclassifying you as an independent contractor, file a wage claim.
Where to file a wage claim in California?
If you need help filing your claim, visit or call a Labor Commissioner’s Office location near you. To locate the office nearest you refer to an alphabetical listing of cities, locations and communities.
In most cases, a settlement conference between the employee and employer is scheduled to resolve the issues. If the issues are not resolved at the conference, a hearing is scheduled so a hearing officer can review the evidence and make a decision on the claim. Learn more about the wage claim process.
How does TWC decide on a wage claim?
Based on the investigation, TWC makes a decision in the case and notifies the employee and employer by mail. If either the employee or the employer disagree with the decision, each has rights to appeal. Wage amounts awarded in wage claim cases are not drawn from state funds.
When do you have to pay fired employee?
Employees terminated, discharged or fired are due all wages and commissions with 24 hours of a written demand for payment. Employees who voluntarily leave employment (quit) are due all wages and commissions on the next regularly scheduled payday.
When to file a wage claim with the Labor Commissioner?
If you believe your employer is misclassifying you as an independent contractor, file a wage claim. The Labor Commissioner’s Office may hold a hearing to determine if a worker has been misclassified as an independent contractor. If you work in the garment manufacturing industry, please see this page for how to file a garment worker wage claim.