Can I Sue For a Paycheck Discrepancy in California?

Yes. If your employer violates California’s wage and hour laws, you can sue for them to recover the unpaid wages. Better yet, your payment will accrue your daily wages until the payment is made. The accrual is capped at 30 days.

The reality of our economic system means that the vast majority of Californians have to work to make money so that they can provide for their families. The payment you receive from your employer in exchange for your labor, officially known as wages, is only one part of the equation. The other part of the equation is your employer’s responsibilities, which include paying you properly and on time when you do things like work overtime or work in hazardous conditions. Also, as a California employee, your employer is legally required to provide you with a minimum wage.

Unfortunately, your employer may forget, miscalculate, or otherwise fail to pay you correctly. When that happens, whether intentional or not, your employer will have violated your rights under California law.

Get Help From Knowledgeable California Unpaid Wage Lawyers

You put your time in and do your job, expecting proper pay. What do you do when you are not given it? It’s frustrating to not be paid what you are owed. Our California unpaid wage lawyers are here to help.

Can I Sue For a Paycheck Discrepancy in California?

Yes. If your employer violates any of California’s wage and hour laws, you can sue for them to recover the unpaid wages. Better yet, your payment will accrue your daily wages until the payment is made. The accrual is capped at 30 days.

There are numerous examples of wage and hour claims, but apply when your employer commits any of the following actions regarding your wages:

• Fails to pay the minimum wage.
• Fails to pay overtime wages.
• Fails to pay final wages on time.
• Fails to make payments for agreed to benefits.

There are two main avenues to pursue an unpaid wage claim against your employer in California. The first involves filing a claim with the California Labor Commissioner’s Office, while the other is filing a civil lawsuit.

Labor Commissioner’s Office Claim

California’s Labor Commissioner’s Office is housed under the Division of Labor Standards Enforcement (DLSE), and is primarily focused on disputes involving wage and hour claims. As an administrative body, the Labor Commissioner’s Office investigates and rules on complaints in which you or other employees seek to recover any unpaid wages, penalties, or other compensation from their employer.⁠

While it may seem daunting, the steps to filing a complaint with the Labor Commissioner’s office is fairly straightforward:

• Fill out an Initial Report of Claim Form – The Initial Report of Claim Form officially initiates the process for you to recover unpaid wages. As the name suggests, the Initial Report or Claim (officially known as DLSE Form 1) allows you to formally submit an unpaid wage claim to the Labor Commissioner’s Office, which then prompts them to launch an investigation.

To that end, you can also complete DLSE Form 55, which is a sheet that allows you to itemize and list any unpaid wages per pay period that your employer owes you.

Here, it’s extremely important that you list every claim for unpaid wages that you may have, because failing to capture any unpaid wages could mean that you won’t be able to pursue claims for these wages later on.

• Gather Supporting Documentation – An unpaid wage claim, more so than other claims, requires supporting documentation because it can definitively prove that your employer failed to pay you properly. While every claim is unique, the following documentation is usually provided in unpaid wage claims:
  • • Paystubs
    • W-2s and tax returns
    • Schedules or other proof of hours worked
    • Any bounced checks or proof of nonpayment (bank statements, etc.)
    • Any notices received by the employee

Once you complete both Form 1 and Form 55, and gather supporting documentation, the next step is officially filing the complaint with the local DLSE office.

• Filing the Complaint with the DLSE – The DLSE requires that you file your complaint at your local office, branches of which are scattered throughout the state.

Depending on the complexity of the case, the entire filing process could span weeks to months.

Procedurally, the DLSE will do the following once your complaint is filed:

• Officially launch an investigation into the violations
• Gather and review any evidence
• Conduct interviews and retrieve any additional documentation
• Require your employer to answer the complaint

Once the evidence is collected and your employer answers the complaint, the DLSE will likely suggest a mediation, where you and your employer will meet and try to settle the claim. Whether mediation is successful or not, the claim will conclude and the DLSE will issue a ruling based on the evidence and their investigation, along with a right to sue letter that allows you to file a lawsuit in civil court (usually within 90 days).

Depending on how the ruling goes, you can either appeal or simply accept the findings. (usually within 90 days.)

If you decide not to appeal, the DLSE’s ruling is entered into the official record.  Also, the final order, along with any other documentation from the investigation, is admissible when and if you file a civil lawsuit.

Filing an Unpaid Wage Lawsuit in California

Filing a lawsuit requires much of the same documentation and procedure as the Labor Commissioner’s Office complaint. However, the main difference is that a civil lawsuit offers the opportunity for you to recover monetary compensation based on the unpaid wages your employer kept from you.

Specifically, a civil lawsuit can help you recover:

• Unpaid wages
• Back pay
• Payments relating to missed benefits
• Liquidated damages

Generally speaking, an unpaid wage claim in California has a three year statute of limitations, meaning that you have three years from the date of the missed payment to file your lawsuit. Failing to meet this deadline could mean you won’t be able to pursue the unpaid wages.

Work With Experienced California Unpaid Wage Lawyers

No employee should have to face their employer alone, especially when they haven’t been paid correctly. While there are avenues in California to right this wrong and help you recover any unpaid wages, the process is not always an easy one.

Still, when your employer doesn’t pay you correctly, you have options. Contact our team of experienced California unpaid wage lawyers at Maison Law today for a free consultation to find out how we can help you.