In California, all workers are protected by labor laws. The Labor Commissioner's Office will not question your immigration status nor report it to other government agencies. There is no need for a social security number or photo identification to file a report of labor law violation.
How To File A Complaint With The California Labor Board
Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed. An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.
California labor law covers a wide range of legal issues involving employment, wages, pensions and retirement, independent contractors, union, labor disputes, safety issues, any many more. In California, all workers have legal rights and protections under the law. Workers who feel that their employer may have acted unlawfully or may have violated their workplace rights have several remedies available to them. In any labor dispute, the first step is to file a complaint with the appropriate agency. The process for filing a complaint is generally the same for most disputes and violations that occur between employers and employees. However, there are significant differences in which claims may be filed and where.
Workers in California who feel that they have experiences violations of labor laws may have multiple complaints that cross the various agencies. For example, the federal Age Discrimination in Employment Act (ADEA) addresses the unlawful practice of age discrimination against older workers. Both the EEOC and the DFEH are able to investigate alleged violations of the ADEA, however, one agency will generally take the lead.
However, a worker who feels they are the victim of age discrimination may also have a wage claim against their employer for violation minimum wage and overtime laws. Wage claims are generally handled through the DLSE and the Department of Industrial Relations. These claims also have different filing requirements. The wage complaint may also be filed with the DFEH, allowing the aggrieved party to streamline the complaint process. However, the employee may expect long delays in investigation due to budgetary issues with the Department.
Complaints filed to the EEOC are subject to a 180 day time limit from the date of the alleged incident. However, under the California Fair Employment and Housing law, this period is extended to 300 days if the employee also files a complaint with the DFEH. The time period may be reduced to as little as 30 days if the complaining party receives notice that a state agency has ended its processing of a charge. Additionally, the employee may be required to contact an Equal Employment Opportunity counselor within 45 days of the alleged discriminatory action. There may be exceptions allowing for an extension of this period, however, the employee will not want to be in a position of needing to argue those grounds due to the fact that they may be considered too late for their complaint to be accepted.
The aggrieved party must first fill out a Form 1 labor board complaint and will generally need to attach a Form 55 that explains each amount owed for each pay period worked for the employer. If the complaint includes a retaliation claim, a Form RCI-1 will also need to be filed. These forms can be complicated and failure to accurately complete the forms may result in unnecessary delay or even rejection of the claim.
The complaint will then need to be filed with the correct DLSE office. There are 19 regional offices and the complaint must be filed with the one associated with the city of employment. This can create complications and confusion, however, because the correct office may not be the one closest to the city of employment. Filing the complaint with the wrong office can create significant delays and may require a re-filing of the complaint with the correct office.
Due to the complexities associated with the complaint and appeals processes, it is highly recommended that employees who have DSLE complaints seek the advice and counsel of an experienced employment law attorney before proceeding.
A: Yes. While there are many workers that may be exempt from some provisions of the law, an employee covered by the FLSA who provides information that demonstrates the probability that they have not been paid the required federal minimum wage of $7.25 per hour or overtime (1 times the regular rate of pay for hours worked in excess of 40 in a work week) may file a complaint with the Wage and Hour Division.
A: There are no charges to file a complaint or for the Wage and Hour Division to conduct an investigation. The Department of Labor is a federal agency and does not charge workers or employers for its services.
A: The FLSA contains a two-year statute of limitations for non-willful violations and a three-year statute of limitations for willful violations. Generally, this means that we will look back over the past two years to determine whether there are any wages owed to employees. To ensure we can complete our investigation before the statute of limitations expires, employees should file complaints with the Wage and Hour Division as soon as possible.
Workers who have filed complaints or provided information cannot be discriminated against or discharged on account of such activity. If adverse action is taken against a worker for engaging in protected activity, the affected worker or the Secretary of Labor may file suit for relief, including reinstatement to his/her job, payment of lost wages, and damages.
A: Yes, there are state labor agencies throughout the country that enforce state labor laws. Many of these agencies have relationships with the Wage and Hour Division that provide for data sharing, referrals, coordinated enforcement, joint outreach and compliance assistance. Visit our webpage to see a summary of state labor offices, minimum wage laws, child labor laws, and other state labor laws.
A: No. The Wage and Hour Division does not require an investigator to previously announce the scheduling of an investigation, although in many instances the investigator will advise an employer prior to opening the investigation. The investigator has sufficient latitude to initiate unannounced investigations in many cases in order to directly observe normal business operations and develop factual information quickly. An investigator may also visit an employer to provide information about the application of, and compliance with, the labor laws administered by WHD.
The Office also handles some retaliation claims. For instance, employers cannot fire, demote, reduce your pay, or suspend you just for filing a labor complaint. (Learn about whistleblower retaliation.)
To contact the California Labor Commission, click here for a list of local phone numbers, email addresses, and frequently asked questions. The complaint needs to be filed with the correct DLSE offices (listed below):
Within a few months the labor board will schedule a conference where you and your employer (and their attorneys) appear before the commissioner. Once the labor board complaint gets finalized, the labor board will schedule a hearing. It is similar to a trial, complete with introducing evidence and subpoenaed witnesses giving testimony.
In any case, it is recommended you consult with a labor law attorney before filing a complaint. Attorneys are skilled in how to compose complaints to maximize the odds of success.
For additional guidance or to discuss your case with a labor and employment lawyer, we invite you to contact our law firm at Shouse Law Group. We provide consultations and bona fide legal advice that you can trust. We assist clients throughout California, including the cities of San Francisco, Los Angeles, and Long Beach.
If an individual or organization appears to have violated the laws within the Board's jurisdiction, Board staff will investigate the allegations and charges may be filed. The following are the types of complaints reviewed by the Board:
If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.
All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.
A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. Filing a formal charge of employment discrimination is a serious matter. In the EEOC's experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you. In any event, the final decision to file a charge is your own.
The laws enforced by the EEOC require the agency to accept charges alleging employment discrimination. If the laws do not apply to your claims, if the charge was not filed within the law's time limits, or if the EEOC decides to limit its investigation, the EEOC will dismiss the charge without any further investigation and notify you of your legal rights. 2ff7e9595c
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