Few things are more frustrating than putting in a hard day’s work and not getting paid for it. If your employer is not paying you for work that you have done, whether it is not compensating you for overtime hours, a late paycheck, or another situation, you can file a wage claim with the San Diego Labor Commissioner’s Office.
To file a strong, successful wage claim, you want to make sure your topic falls under the jurisdiction of the Labor Commissioner’s Office and that you have the evidence you need to back up your case. Contacting a seasoned employment lawyer can help you make sure you are doing everything right. Our attorneys at Ferraro Vega can help give you the support you need as you traverse the path toward justice.
How to File a Claim With the San Diego Labor Commissioner’s Office
If you live in San Diego, you need to file your claim with the office that is located at:
DLSE: Wage Claims
7575 Metropolitan Drive, Suite 210
San Diego, CA 92108
You can download the claim forms you will need on the Labor Commissioner’s Office’s website. If you would like to save yourself a trip, you can choose to fill them out at your home and then email them to LaborComm.WCA.SDO@dir.ca.gov or mail the forms to the address listed above.
Another option is to go into the office to fill out the completed forms. If you have any questions or topics that you would like to address with the office, you can contact the employees there at +1 (619) 220-5451.
If you want to file a wage claim, you need to make sure you have all of your paperwork in order first. An employment attorney can help you make sure you have a strong claim before you proceed with filing your paperwork with the Labor Commissioner’s Office. For example, you will need:
- Error-free paperwork. You want to make sure you accurately and clearly fill out all parts of your claim paperwork. Even small errors can significantly slow down the process or potentially cause the claim to be denied.
- Strong evidence. You need to make sure you have solid evidence to justify your claim. This can include your records of the hours you have worked and your pay stubs to show what you have been paid for and what pay you are missing.
- Employer information. You will also need your employment records and any records of contact that you have had with your employer about the topic you are filing your claim about.
You will also need to file a claim within three years for most wage disputes. In some cases, the time limit for filing your claim can be even less. Your employment lawyer can help you understand if you are still in the appropriate time frame to file your claim.
Why File a Wage or Hour Claim With the Labor Commissioner’s Office?
The San Diego Labor Commissioner’s Office handles all kinds of issues and disputes related to employment. If you are having a problem with your employer, you can file different types of claims with the office, including wage and hour claims. Disputes that fall into the field of wage and hour claims include:
- You are working overtime but not getting paid.
- You are receiving less than the minimum wage.
- Your employer is making unlawful deductions from your wages.
- You are not getting the required rest or meal breaks that you are entitled to.
- You have been misclassified as an employee exempt from overtime.
- You have not received your paycheck for hours that you have worked.
FAQs
Q: What Is the Raise the Wage Act 2023?
A: The Raise the Wage Act was a bill proposed in the U.S. House of Representatives and the Senate in 2023. It aims to raise the federal minimum wage to $17, but it has not yet been adopted universally. If you live in California, your minimum wage will increase to $16 in January 2024.
Q: What Are the Payroll Changes for 2023 in California?
A: If you live in California, then as of January 2023, you are entitled to a minimum wage of $15.50 no matter what employer you work for and how many employees work for your company. If you are making less than this or not being paid overtime wages, you should file a claim with the Labor Commissioner’s Office.
Q: Is It Legal to Work 7 Days Straight in California?
A: If you work for seven days straight in California, it is not technically illegal. However, your employer legally must pay you overtime pay for more than eight hours of work in one day or 40 hours in one week.
Q: What Is the California Labor Commissioner’s Office?
A: The California Labor Commissioner’s Office is an agency responsible for enforcing labor laws. If you are having problems with your employer related to the hours you are working, the pay you are receiving, or another wage-related issue, you can reach out to the commissioner to take action.
Q: Do You Need an Employment Lawyer to File a Wage Claim?
A: If you are filing a wage claim, you can technically do it without the help of an employment lawyer. However, you are more likely to ensure you follow all of the required steps correctly if you have an employment lawyer on your side. Your attorney can also help you appeal the outcome if your request is denied or help you proceed with other legal actions.
Get the Legal Support You Need for a Wage Claim
If you are dealing with a wage dispute, you might be nervous about the implications for your job. You might also be confused about whether your case qualifies for filing a claim and how to go about collecting good evidence. Consulting with an employment attorney can help grant you peace of mind during this confusing process.
Our team of experienced employment lawyers at Ferraro Vega can provide you with compassionate support every step of the way. If you are ready to receive individualized legal support, reach out to our team today.