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WAGE CLAIMS (2023)

Studies show that as many as 4 out of 5 employees are the victims of wage theft. If your employer owes you money, you have the right to immediately file a complaint with the California Labor Commissioner's Office (also referred to as the Division of Labor Standards Enforcement (DLSE) or, simply, the labor board) against your employer and have your case heard by a neutral California Labor Commissioner-appointed judge. The judge is authorized to issue a judgment against your employer awarding you unpaid wages, penalties, attorney fees and interest. The labor board does not charge any filing fees or other costs, nor does the labor board impose any penalties against employees who are unsuccessful in their complaint. California Labor Commissioner Lilia García-Brower has stated that she is committed to protecting the wage rights of undocumented or illegal immigrants. It is against the law for an employer to threaten employees based on their immigration status. It is also against the law for an employer to punish or retaliate against an employee for complaining about wage violations or filing a wage claim with the labor board.

Under California labor laws and the associated wage orders, employers are required to give non-exempt employees who work or reside in the State of California the following wage rights:

Rest Breaks

  • - a 10-minute paid rest break if you work more than 3.5 hours in a day
  • - a second 10-minute paid rest break if you work more than 6 hours in a day
  • - rest breaks cannot be combined with other rest breaks or with meal breaks (with certain exceptions)
  • - rest breaks must be uninterrupted and duty free

Meal Breaks

  • - a 30-minute unpaid meal break if you work more than 5 hours in a day
  • - a second 30-minute unpaid meal break if you work more than 10 hours in a day
  • - meal breaks must be uninterrupted and duty free
  • - employees must be permitted to start meal breaks no later than the end of the fifth and/or tenth hours into their shifts

Overtime

  • - time and a half if you work
    • a) more than 8 hours in a day,
    • b) more than 40 hours in a week, or
    • c) seven days in a row in a work week
  • - double time if you work
    • a) more than 12 hours in a day, or
    • b) more than 8 hours on the seventh day in a row in a work week

Last Paycheck

If you have been terminated or laid off, you are entitled to receive your final wages upon termination or on your last day of work.

If you resign, you are entitled to receive your final paycheck within 72 hours after your last day of work. However, if you provided at least 72 hours advance notice of your last day, the final paycheck must be provided to you immediately on your last day of work.

Your final wages must include any accrued but unpaid vacation pay (but not sick leave pay).

Tips

A manager or supervisor (even if part-time) is not legally allowed to take from your tips or the tip pool. The law treats this as tip theft.

Driving Mileage Reimbursements

If you are required to drive from your employer's office to a job site, your employer is required to pay you a mileage reimbursement at the IRS standard mileage rate. As of January 1, 2023, that rate is 65.5 cents per mile. Employees are also entitled to an award of attorney fees incurred in filing such a claim with the Labor Board.

Deductions

Your employer is not permitted to take deductions out of your paycheck unless you have agreed to it in writing. Even if your employer has loaned you money, he cannot make any deductions without your written consent. If this is occurring, you are entitled to recover the moneys that were deducted.

Retaliation

If you complain to your employer or the labor board about any of the above wage violations, the employer is prohibited by law from retaliating against you. Retaliation could include a reduction of your work hours, demotion, pay cuts, suspension, termination, etc. If you are the victim of retaliation, you are entitled to file a separate retaliation complaint with the labor board.

FILING YOUR LABOR BOARD COMPLAINT (2023)

Filing a wage complaint with the labor board, can take as little as 30 minutes on the phone.

Even if you believe you are owed as little as a few hundred dollars, the penalties that apply under the California Labor Code and associated wage orders can be thousands of dollars. Penalties can include waiting time penalties, liquidated damages penalties, bounced check penalties, etc.

What You Need to File a Complaint

If you have any of the following documents, please have them ready when you call:

How Long the Complaint Process Takes

Resolving your wage complaint can take as little as a few weeks to as many as a few years. There are many factors involved, including how complicated your complaint is, how backlogged the commissioner and labor board branch office assigned to your case is, how willing your employer is to settle, whether your employer decides to appeal, etc. The labor board was already experiencing delays prior to the pandemic, but those delays have become significantly worse in the wake of the pandemic. The delays continue to this day. Your patience is appreciated.

The Steps in the Complaint Process

The first step in the wage complaint process is to fill out a Form 1 labor board complaint. You will typically need to also fill out a Form 55 attachment that sets out each amount you are owed for each pay period you worked for the employer. If you have a retaliation claim, you will also need to fill out a Form RCI-1.

If you need help with these forms, call us at (213) 992-3299 as the forms can be more complicated than they appear. Incorrect complaints are typically rejected by the labor board and need to be corrected before they can be re-filed. The re-filing process can take weeks or months. We can prepare the forms correctly for you in as little as a few hours.

Incorrectly filled out complaint

Same complaint after correction

In the above example, the claimant had submitted a complaint to the labor board that alleged only $1,274.97 in unpaid straight time and that lacked the required Form 55 calculation exhibit. After correction, an amended complaint was re-submitted that alleged $20,512.34 in unpaid straight time, overtime, meal and rest break premiums, liquidated damages, records penalties and waiting time penalties. In addition, required supporting calculation exhibits, including Form 55, were attached. The amended complaint package was accepted by the labor board.

Next, you need to file your complaint with the correct DLSE office. There are 18 regional DLSE offices assigned to the various cities in California (Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino ,San Diego ,San Francisco ,San Jose ,Santa Ana, Santa Barbara, Santa Rosa, Stockton, and Van Nuys). Which DLSE office you apply to depends on which city you worked in. Again, this can be trickier than it first seems, as the office that is closest to the city where you worked isn't always the correct DLSE office to file in. Also DLSE office city assignments are subject to change. Filing with the wrong DLSE office can cause months of delay and often requires that you simply re-file your complaint with the correct DLSE office.

If you need help with this, give us a call at (213) 992-3299. We can ensure your complaints are filed with the correct DLSE office.

After your complaint is filed, you will receive a notice of conference from the labor board, typically in 3 to 12 months. At the conference, which you, your employer, and/or your attorneys are required to attend, the commissioner will ask questions, confirm information, and finalize your labor board complaint, which you will then sign. The conference also serves as an opportunity for the employee and employer to discuss settlement.

If there is no settlement, your complaint then proceeds to a final hearing or trial. Trials typically take place from 3 to 24 months after the conference. You may have to request subpoenas from the labor board and have them personally served on your employer and any necessary witnesses to ensure you have the evidence you need to win your trial. At trial, you must submit to the hearing officer or judge a copy of all documents and make available all witnesses required to prove your claim. Most employers will choose to have an attorney represent them at trial. Employees are not required to be represented by an attorney, but doing so is recommended.

The hearing officer or judge will issue their decision, called an ODA for "Order, Decision or Adjudication" within 15 days after the trial, but it will typically take up to a year for the decision to be mailed out to the parties. The parties will then effectively have 15 days to appeal the decision. If there is an appeal, the whole process starts completely over, except this time, your complaint is transferred from the labor board to a California State superior court (where the parties will have to pay court filing fees and other case-related costs, which can amount to hundreds, and in some cases, thousands, of dollars).

If you have won your trial and/or any appeal, and the employer refuses to pay, you will eventually be issued a formal court judgment. At that point, you must begin collection efforts on your own. The labor board may assist you with collection, although it varies by case.

If you need assistance with any of the above, give us a call anytime at (213) 992-3299 and we'll be happy to answer any questions.

DLSE Offices

Bakersfield
7718 Meany Ave
Bakersfield, CA 93308
(661) 587-3060

LaborComm.WCA.BAK@dir.ca.gov

San Diego
7575 Metropolitan Dr.,
Room 210

San Diego, CA 92108
(619) 220-5451
LaborComm.WCA.SDO@dir.ca.gov

El Centro
1550 W. Main St.
El Centro, CA 92243
(760) 353-0607

San Francisco
455 Golden Gate Ave.,
10th Floor

San Francisco, CA 94102
(415) 703-5300
LaborComm.WCA.SFO@dir.ca.gov

Fresno
770 E. Shaw Avenue,
Ste. 222

Fresno, CA 93710
(559) 244-5340

LaborComm.WCA.FRE@dir.ca.gov

San Jose
100 Paseo de San Antonio,
Room 120

San Jose, CA 95113
(408) 277-1266
LaborComm.WCA.SJO@dir.ca.gov

Long Beach
1500 Hughes Way
Suite C-202

Long Beach, CA 90810
(562) 590-5048
LaborComm.WCA.LBO@dir.ca.gov

Santa Ana
2 MacArthur Place
Suite 800

Santa Ana, CA 92707
(714) 558-4910
LaborComm.WCA.ANA@dir.ca.gov

Los Angeles
320 W. Fourth Street,
Suite 450

Los Angeles, CA 90013
(213) 620-6330
LaborComm.WCA.LAO@dir.ca.gov

Santa Barbara
411 E. Canon Perdido,
Room 3

Santa Barbara, CA 93101
(805) 568-1222
LaborComm.WCA.SBA@dir.ca.gov

Oakland
1515 Clay Street,
Suite 801

Oakland, CA 94612
(510) 622-3273
LaborComm.WCA.OAK@dir.ca.gov

Santa Rosa
50 "D" Street,
Suite 360

Santa Rosa, CA 95404
(707) 576-2362
LaborComm.WCA.SRO@dir.ca.gov

Redding
250 Hemsted Drive,
2nd Floor, Suite A

Redding, CA 96002
(530) 225-2655
LaborComm.WCA.RED@dir.ca.gov

Stockton
31 E. Channel Street,
Room 317

Stockton, CA 95202
(209) 948-7771
LaborComm.WCA.STK@dir.ca.gov

Sacramento
2031 Howe Avenue,
Suite 100

Sacramento, CA 95825
(916) 263-1811
LaborComm.WCA.SAC@dir.ca.gov

Van Nuys
6150 Van Nuys Blvd.,
Room 206

Van Nuys, CA 91401
(818) 901-5315
LaborComm.WCA.VNO@dir.ca.gov

Salinas
950 E. Blanco Rd.,
Suite 204

Salinas, CA 93901
(831) 443-3041
LaborComm.WCA.SAL@dir.ca.gov

San Bernardino
464 W. Fourth Street,
Room 348

San Bernardino, CA 92401
(909) 383-4334
LaborComm.WCA.SBO@dir.ca.gov

288 Comments

  1. Stephanie on February 4, 2020 at 6:00 pm

    I was a recent employee for Kinetescape(Clifton’s Republic and the Edison) and would like to file a formal complaint against my employer. Since the moment I started with the company I was put in a hostile environment causing me unable to do my job. I was expected and forced to work 80 hours my first week and continuously on the job with zero guidelines or direction as to what my commission structure would be or what was expected of me in the sales department for events. My direct report was fired with in the first two weeks of me coming on board to which the CEO and owner of the company handed me three other departments to over see with zero compensation or guidelines again to set me up for success. Instead when I addressed him of these concerns and asked questions on what is expected in order to move forward he yelled at me and said I am not being an advocate for myself and to figure it out. There were multiple times he had me work with the General Manager of the Edison and put me in several liability situations and hostile ones where I was told to make the call on certain operation situations. When I made the appropriate calls based on my department, the GM would disagree with me and causing a scene in front of other employees resulting in me to have to have call the owner to confirm what his directive was and he would then yell at me on the phone and say I am not doing my job and holding people accountable allowing me to still be held in a toxic hostile situation. I was then cornered by the GM in the office to which I informed the owner about and nothing was done about it. Furthermore, I was forced to work over 18 hour days on NYE, Christmas Eve and Christmas Day with leaving me with three total days off during my time with the company. Receiving emails and texts from the owner as late as 12:30am. On NYE I worked from 9am-1am with NO break allowed while our male employees were allowed to show up at 5pm and work until 12am. During one of the events I was directing the security guard assaulted my client. I addressed the issue with the GM to which we needed to send him home to better protect the client and the guests. He proceeded to take the security guards side however sent him home with the promise to pay him an additional hour for the inconvenience which resulted in awarding the security guard of inappropriate and liable behavior. The client wrote a formal complaint to which I sent over to the owner and he did not acknowledge or fix the situation, instead told me I needed to be more like the GM and an advocate for the company. On January 30th when I was laid off-I had a meeting with the owner at 12pm to discuss sales pipeline and what my commission structure would be since we had not gone over it and I had over 250K in the pipeline of revenue for the next two months to which he yelled at me for because I did not approve these proposals with him and I was never addressed to nor knew I had to because he was never in the office to go over what my guidelines were. He said we would reconvene at 2pm to discuss pricing and my commission structure to allow me to better do my job- at that point he let me go due to “budgetary reasons” however continued to speak about my “performance.” I have had ample amounts of anxiety, sleepless nights and depression due to the environment that was allowed and created and not compensated for on my behalf. Please someone contact me back as to how to move forward with this issue. Thank you!

  2. E Rod on January 29, 2020 at 8:35 pm

    I was already hired and asked if I wanted transfer to another newly renovated hotel to help open it. I was interviewed and accepted a Front desk supervisor position, by the General Manager. Then when I asked about pay two days later after I was already working. My General Manager told me that her Vice President of Operations, told her that they could not give me the tittle or the raise until the newly bought (renovated) hotel builds Occupancy. Which a year later still hasn’t improved much. But they wanted me to keep doing all the extra work but just not get paid, they call it “Supervisor in training.” Classic bait in switch in my eyes. I should have just stayed at the other hotel where I was, which actually had way less problems. No day by day hours breakdowns on our check stubs, no response from HR when reaching out about changing my address or even getting my W-2.No lunch breaks since there is no one there to cover, no help. And only scheduled 7.5 hours so that there is never any chance of overtime. Request a day off, and risk no hours the next week. This can’t be right. This Franchise is a JOKE!!

  3. Daniella on October 11, 2019 at 10:49 pm

    I need help, the chain company i am working at is called Lovisa. I have noticed that my DM Danielle Ebbert has been doing things wrong, we do not have a store manager because our DM said my store manager at the time did not have the right look for the store, so she quit. The other thing i noticed was the 2 girls that are just associates are being over worked and have keys to the store when me and another girl are 2 supervisors. This company over works us girls and doesn’t provide us with breaks if one of us girls needs to take a break because sometimes we work alone. There is no bathroom inside our store and this resulted me going to the hospital and ended with a kidney infection.I have been on different websites about the company Lovisa and there has been many complaints online but nothing has been done.

    • Marie on November 13, 2019 at 1:41 pm

      Stater Bros. Workers management do not make sure their workers are taking their breaks they are intitled to. Nor are they making sure their workers are going to lunch on time so that means they are working longer than 4hours before they get to go to lunch why is that management can not run their store correctly when it comes to the ones who keep their store running management needs to have more concern of their worker to be sure everyone is taking their breaks and going to lunch on time but they are failing to do so what to do for stater bros. Workers please someone help the employees of stater bros. They work hard and deserve what they are intitled to be able to do with out complaints from managements

  4. Marbella Okuda on September 16, 2019 at 10:24 pm

    Please help me

  5. Robert on September 15, 2019 at 8:14 am

    I was suspended for 2 days from work for telling another employee to stop saying or calling me sexually derogatory names & my boss gave the name caller my shifts

  6. Jerry Allen Armstrong on September 13, 2019 at 6:51 am

    Keep having constant pay problems

  7. Jerry Allen Armstrong on September 13, 2019 at 6:50 am

    My pay has been shorted since aug 17 and today is sept no check at all my employer has my bank information.

  8. michal babbitt on September 11, 2019 at 2:10 pm

    i was terminated by the owner for doing what my immediate supervisor instructed me to do. there was 5 employees involved with this and i was the only one terminated.

  9. Fabian santoyo on September 9, 2019 at 11:33 pm

    Hoy me sali de mi trabajo , por que pieso que mi foreman me esta acosando estabamos preprando baseboard poniendo caulkin y putty yo hice dos cuartos y otro señor que al parcer es su papa hiso nada mas un baño y una recamra y llego el foreman a reclamarme que estaba hciendo un cochinero por que encontro 3 hoyitos y como un pie de caulkin que se abrio pero me empeso a decir de cosas que no servia para nada que mi trabajo era un cochinero y un monton de insultos a mi trabajo…pero eso biene desde hace como un mes atras andabmos pintando yo hice 4 unidades de baño ,lundry y cocina osea hice 4 de cada una y otros dos muchchos hicieron 2 entre dos y empeso a decirme que era un cochinero mi trabajo y un monton de cosas malas y la verdad hoy no me agunte y me sali de. El trabajo me siento bien mal ppr todo lo que me dijo con respecto a mi trabajo hasta problemas tuve en mi casa mi mujer me corrio de mi casa que puedo hacer

  10. angelo on September 9, 2019 at 5:51 pm

    i went to a job interview on friday , & Christian sat & talked to me , & at they end of they interview i thought i had they job, infact i asked Christian & he said id get an email , & as it turns out , i didn’t get they job, & how i’m i supposed to be qualified if these companies such as Kohls & other departments store s doesnt give me a chance to prove my work skills , & how im i supposed to require qualifications if they wont give me a time or day
    thank you
    sincerely
    angelo thomas

  11. Star Shelley on September 5, 2019 at 10:18 am

    I was wondering if a company continues to reduce your hours from 40-30-20- 8 and still requires you to maintain a higher quota, knowing that is not achievable, since the number of customers were reduce to 60% , but will not let you go, instead they want you to quit knowing that if you quit you cannot collect for unemployment, yet manager suggest I quit. Is there something I can do. I am a woman of 74 yeas of age and trying to get another job is not easy. Any suggestions?

    • Bill B on October 1, 2019 at 11:18 pm

      if im not mistaking , correct me if im wrong but if they cutting your hours like the then you should be able to get unemployment

  12. eddie ngo on August 28, 2019 at 11:28 am

    I was falsely accused of breaking a refrigerator at a factory i felted targeted for no reason and not any proof i was the the person.I was asked on the day i came back from my off days, so it happened on my off days i was disappointed that i was the victim of false accusation when i am completely innocent i should not have be blamed or thought of the person who would sabotage and when they came to the conclusion that it was not me they acted like nothing happened like they did not harassed me. This event happen 2-3 months ago i can find out the right date if needed i even have eye witness employees and even an ex-manager who was also involved in this situation even though he was innocent and at a new company working but got put in the mix with me because the management like to blame and accuse the innocent. Is it too late to file a complaint for targeting me and accusing?

  13. David Johnston on August 27, 2019 at 12:14 pm

    I was called into the office by loss prevention for an interrogation on 8/9 he began the conversation with I’m not here to fire you today and went on to tell me how he had lobbied to have my store closed and how he would rather be after employees stealing drugs, later in the conversation he said all employees at this store need to work like their jobs depend on it, I told him I’d felt coerced but he brushed that off , btw I was fired for doing a return without a receipt which went on a money card that was used by said customer right away. So I returned to work as normal and a week later I find out through an email my shifts are being covered , I had not been suspended during LP’s investigation so I asked the store manager what was going on and he said they were going to let me go I worked the rest of the day like normal and went home on 8/16. When I showed up on 8/17 and clocked in I was told I could not work , I asked where my check and paperwork were and since he did not have it I was going to work ,he called me back to the office and said he called a District Lead who told him I was technically terminated.I left with no check or papers called the next 2 days was told it was not there finally on 8/20 I received my check and papers CVS should know better than to treat people with hostility and disregard, I had asked for my DL to reach out but she could not be bothered. What can I do ?

  14. David Johnston on August 21, 2019 at 2:38 pm

    I was terminated on 8/16/2019 by my paperwork yet did not receive my final check until 8/20/2019 also was never suspended during their “investigation ” along with other various foul ups . Is there a penalty for withholding my check for 4 days , if so how do I file it

  15. debra on August 3, 2019 at 10:35 pm

    i used to work as a shift supervisor for a mcdonalds corp. restaurant in los angeles ca. whenever we suoervisors have to.do classes is we need to travel to chatsworth to do classes if not we will be demoted. they never reimbursed me for any mileage used and was not allowed to clock in during the travel to chatsworth by the store.manager and was only paid 5 hours for doing the classes and driving to and back. and also i notice a check issued under my name last oct. 2017 that i didnt recieve i called payroll.and was told check was cashed out and recieved a copy of the signed checked and im 120!% sure its not my signature. and also i do closing shift and on my break time im not allowed to leave the premises and sometime needed to work even im clock out from my break and sometimes forget to clock back in due to many customers specially fri and sat. i really want to sue them i need help.

  16. Phillip bolding on July 31, 2019 at 10:13 am

    I had a heat issue my first day back with this company and was sick the next day and the dispatch/office manager was very rude and demanded I be on site or else the next morning. I was sick still from the heat and contacted the owner and he said to get better and he would see me tomorrow. I then received text messages fromthe manager again that were less then friendly so I told her I will communicate with Roger from now on and then she told me I’m done and its over so I asked when I would be paid for the first day the manager replied if you don’t have some app on my phone to verify work I wont be paid. I have saved text messages between her and myself as well as messages I sent the owner with no response. All I wanna know is when I will be paid? It has been very a month and nothing. And when I call them they have me blocked. What can I do?

  17. MONICA on July 16, 2019 at 9:14 am

    Hello,

    My coworkers and I work for a small business in Crestline, CA. I have worked here since 2015 and have never been allowed to take my 10 min rest breaks or clock out for lunch, our lunches have been on the clock up until 07/10/2019 when my employer finally “spoke” with her lawyer and realized that yes we should be clocking out and yes we are allowed breaks, because this is a small business do the labor laws in California apply, she never mentioned anything about including our premium pay in this pay periods check so I wasn’t sure if this is something we can file a complaint for… HELP!

  18. Carlos A Hernandez on July 2, 2019 at 2:06 pm

    I have a huge problem I have become the victim of discrimination,retaliation,but I can’t get help because the labor board has become part of the problem,I filed a claim agianst my ex employer for wage theft. I recieved a letter for settlement by labor board when I went to the settlement conference. I was told at the conference that my boss wanted to take me to court hearing. I was told to fill out paper work all over again and givin a specific way to do it,which I did. I turned the paper work in and was told it was not correctly filled out. The commissioner said she would correct the errors on the form and have me sign them and then process them. A year later there was a hearing at the labor board that I won. It took 7 months to get the decision of the hearing instead of the 10 days. When I read the notes on the back of the decision of award it’s said that I had already recieved 89,000 from my employer for the back pay and over time and was awarded 55,000 from the hearing. I never got the 89,000 the labor board is saying I got.and now it’s been several months since I recieved the letter after the hearing. I had a lawyer review the papers I was sent and he said the labor board is to file the forms with the courts so that the judgement becomes final and I can go after my boss for my money. But now when I call the labor board I’m told my case can’t be found or givin the run around. During the time I started my claim until now iv been harassed by the people my ex employer hired I have sent the labor board proof of the harassment and retaliation. The commissioner accidentally sent me a message that was ment for her boss. In the message she says that I have sent her proof of the retaliation and that she was not goin to look at it. And then asked her boss what she should do about the situation. It’s been working on 4 years since the claim I am now homeless lost my kids lost everything and can’t get no answers. I also was Injured on the job and can’t work. I can’t get workers comp because the labor board won’t help even though I won my case and was deemed a employee. And still being discriminated against. The people who retaliated for my ex employer are related to police officers and the officers were used I believe in goin to labor board the day of settlement conference and intercepted the money. And the labor board is trying to cover it up by saying I recieved the money and now they can’t find my case. I kno for a fact the money was stolen for my ex employer

    • Jose James fajardo on July 9, 2019 at 3:25 pm

      My name is Jose James Fajardo state case number 12-102947 back in October 2 2017 a hearing was conducted for unpaid wages going back may,30-june2 2017 against grossmark received a letter that was dated December 20 2017 that I was awarded for the amount of 439501 signed by Michael Espino Tellez hearing officer received a letter from superior court dated August 6 2018 court number18cljo 4204 signed by Michael Espino Tellez was to receive 4.661.04 signed by Rosilina R CCatalano clerk signed by Antonio R Geronimo deputy cleck that’s the last contact I had with anyone would like to know if there is anything further I need to do to receive my settlement thank you

  19. Vinay on June 24, 2019 at 12:39 pm

    I’m an international student on OPT. I worked with Silicon Technologies LLC, Irvine, CA from 03/01/2017 to 01/04/2019 as an Associate Project Manager at Client location – Toyota HQ, Plano, TX.
    Due to irregular payments I quit this company with a notice period of above 10 days. It’s been over 6 months and I haven’t received my final paycheck yet.
    After several conversations with Company director “Manish Jain” is now stating that My timecard was incorrect and can only pay when my time card is turned in. They own me for 122 hours with agreed billing rate of 33/hr.

    Need your advice to move further.

  20. Elvira Aguilera on June 5, 2019 at 1:04 pm

    Nesecito ayuda por favor

  21. cynthia arenbart on May 15, 2019 at 9:18 am

    While employed at Regenerate Med Spa boss Brendan Bakir shorted wages, did not want to pay co workers overtime and shorted my last check. He is in violation of HIPPA laws and files fake claims to insurance for his spine business.

  22. Amy C Angulo on May 7, 2019 at 1:45 am

    I work in a prison as a contracted medical staff (registered nurse). We are now required to clear security, pass through 9 locked doors, pull keys from a key watch and pass through the main corridor, all before being allowed to clock in. Our employer does not provide a time clock at the front entrance and we have to go back to the medical department to log on. This process happens in reverse on the way out. We clock out, pass through the main corridor,return keys, clear security, all while off the clock. This results in as many as 20 minuted lost per day. The process is horrible for lunches as well. We clock out, often taking 5 minutes to get to the front door and losing the same upon return, so our 30 minute lunch is now 20 minutes. I have asked my employer to place a time clock at the front entrance and their response is that we don’t have enough employees to justify that. I can’t believe that this is legal under California labor laws. Can you please advise? Thanks for your time.

  23. Sandy on April 30, 2019 at 1:57 pm

    I worked as a contractor for a private start up. They actually kept crossing the line between employee/contractor, and I politely corrected them , stating that they needed to do one or the other (dictate hours worked, how the work would be done, with what tools (even against our recommendations as contractor) . I paid my own taxes, insurance, etc. So that part was covered as a contractor. The company (because they kept changing how things were done and tools to use) ran out of money about 6/7th of the way through the project. I was not paid from Sept-December for work completed. In Dec I was asked /begged to continue to work that they had “MOUs or LOIs” in place and if we stopped work , it would affect those $20M deals. To sweeten the incentive he told us we would all get a small % per week of unpaid wages if we continued work on the project. Additionally he has repeatedly failed to secure investment $$ in part due to false/fraudulent claims, related to IP ownership, and product capabilities grossly over exaggerated. We have (in writing ) presented to him the problems and rprovided wording and data to make changes on his website as well as in the investor prospectus so to reflect the true capability of the product (Which is still a viable product with a good investment perspective) .
    In December the 27 contractors agreed among each other to stop work until we were paid. Several have suggested a suit or filing against this person, who has millions in personal assets so can back up what he owes us. He has a LLC we believe he is going to close down to avoid paying. We have endured months and months of lies. Is filing through CA Labor a good option or is this more of a lawsuit case?

  24. Veda Boniface on April 22, 2019 at 9:04 pm

    We got discharged in January and yet have we received what was suppose to be give. To us as well as reimbursements that were promised if we paid our own money.

  25. Catherine Dawson on April 19, 2019 at 10:12 am

    Is there a time limit to file a claim on income earned but not paid? I worked hourly and was also paid commission. I have been told by the administrative person different times frames as to when I can collection my commissions. Commissions were paid monthly and if one of my sales did not stay on the books a total of 6 months, I would lose all or a portion of the commission depending when sale dropped off within the 6 months. This amount is $950 to $1,500 owed to me. It has now been 9 months and each time I speak to the administrator, he changes the time line as to how long I need to wait.
    Thank you,
    Catherine Dawson

  26. Diana carranza on March 27, 2019 at 8:56 pm

    No comment

  27. Gamaliel Bailon on March 18, 2019 at 6:10 pm

    I have work for this company and offten I received call when I was off the clock but I never received any money from my company from the call the always call me.

  28. Denise Almanza on February 22, 2019 at 8:38 am

    I have never received my rest breaks since I started working in April 2017 and I work 10-12 hour days with times I didn’t have lunch and he would only pay me time and half for overtime but not double time when I worked 12 hours and in Friday’s we never took lunch and he didn’t pay us for it .

  29. Marcy Wilkerson on February 19, 2019 at 5:42 pm

    My time card was submitted by a coworker before it was completed. I did not realize it until I received my paycheck. It was 21 hours short. I immediately contacted my employer and informed her of the shortage. She was quite angry with me over it, and proceeded to yell at me and tell me I screwed up her payroll and hung up on me. Before she hung up on me I asked her if she intended to pay me for those hours, and she said yes, she was going to pay me. I waited for the next two weeks and never received a check. On the last day of the next pay period, I was told that my employer was leaving the country the next day. I texted her and told her I had heard she was leaving and wanted to make sure that someone in payroll was aware of the hour shortage. she did not reply. When the next paycheck arrived, the hours were not added to my regular pay.I called the payroll assistant that day and she said she had just got back from vacation and knew nothing about it, but she would look into it and get back to me on the following Monday. The following Monday came and went, and no phone call from the payroll assistant. And no call from the assistant for the rest of that week. At the end of that week I contacted the Administration Manager and filled him in on the situation and he said he would look into it. He got back to me, and said he had spoke with her, and she said she had looked at my time card and it looked like I was paid for all hours worked.
    Well no kidding!
    Had she called me I would have explained the situation to her but she did not. At that point, The Administration Manager said the owner would be back on the following Monday and he would speak with her then. That Monday (yesterday) she did not come in to the office. Today, the Administration Manager called me and said he had not spoke with her yet because she was really busy,
    It is now past the end of the business day and I have not heard a word.
    At this time, I am living paycheck to paycheck. That 21 hours was the difference between having power and not having power at my house. My PG & E was cut off due to non payment. I used my cell phone money to get my power back on. Now my phone is off
    At what point do I stop patiently waiting?

  30. Michael Harbin on February 16, 2019 at 8:38 am

    I recently received resigned from my company of 22 years on Feb 4 2019 giving them almost 2 weeks notice and today is the 15 th of February and I have not received my final pay including overtime and PTO vacation that is owed to me. I completed my exit with my manager and signed off on documents and turned in my employee badge. I called payroll dept last Thursday Feb 13 th and the payroll rep said that they have not received any documentation regarding my resignation. Do I need to seek legal counsel at this point if another week goes by. Your assistance would be greatly appreciated.

  31. Brianna Monteon on February 8, 2019 at 3:58 pm

    I have reached out to my management team , I have gone up the latter, and I have reached HR and they have not taken the concern seriously and I have not received any answers to my compensation of the two days I wasn’t able to take my lunch pass my 5th hour. One was on a separate pay check and the other is a current meal violation

  32. Celso Lat on February 3, 2019 at 9:55 pm

    Me and my wife worked at Mountain View Cottages for more than 3 years but we were not compensated for the work we have done,that’s why we brought our problems to the concerned government agency which is the Labor Department.

  33. Rudy Crespo on January 21, 2019 at 1:07 am

    I was terminated 10/19/18. Since that date i have gone through the union grievance process and am now waiting for it to go to a panel for a final decision. My employer claims my termination as gross negligence. My situation is as stated. On 10/6, 10/9 and 10/10 of 2018 i showed up to work like any normal day on time but my employer failed to provide work uniforms like they were suppose to (Stated in our union rules Stipulation). I notified my immediate supervisors on all three days that i did not have a work uniform. i was ignored and given no direction or guidance when i addressed the issue and work for that day. I waited 4 hours at my work site and then i went home due to being ignored. I made the attempt to correct the issue but got nowhere. The supervisors that where interview lied on their statements and claimed that i did have uniforms available. Multiple coworkers confirmed that there was uniforms but management refused to listen. I would really appreciate some feed back on my current situation. Thank You..

  34. sue burns on January 15, 2019 at 11:56 am

    my name is sue burns i worked for riverside county bar assoc for 20 years after 18 years and because i was 74 they reduced ny pay from 26.24 to 19,64 with the same job title and responsbilities i was a bookkeeper and manage their commercial building, the director constantly insulted me intimidated me wvery day because she wanted me to quit, she told me often that i made to much. many times she would ask or demand that i work my lunch after i clocked out. i was the only employee who had hourly pay reduced she was trying to make me quit. she also stated at the same time by reducing my pay she could give her self and other employees a 5% raise. she forced me to retire on august 16, 2018 after 20 years the stress of her demeaning and threats, and insults, her yelling and her bad temper i became very sick was hospitalized with a perforated ulcer and had to blood transfusions. the overall was she was a bully, i was the only employee she did this to. do i have a claim. thank you

    • Christina on July 31, 2019 at 4:39 pm

      I went on medical leave January 17 2019 and returned back to work March 12 2019, upon my return I found the Company hired someone in my place the next day. I remained in contact with HR to keep her abreast of the situation so they knew I was coming back. When I did get back to work the owner sat down with me and told me he didn’t need me and was obligated to keep me. From there I was kept out of the operation purposely, retaliated against, my work equipment was not returned to me, leaving me at a total disconnect, they hindered me from doing my job properly I sent several emails with my concerns. I was terminated 4 months after my return. Those months were a hostile work environment for me where I was harassed and my every move was wrong no matter what it was. There’s so much more that transpired in that time frame.

  35. Richard LaCasse on January 13, 2019 at 11:39 am

    Since September, 2018, I have been Executive Chef / Culinary Department Manager at a remote location in Garberville. Yesterday, January 12, I was told I was being terminated. I have received nothing but compliments on my food and my management of the department. When I asked why I was being terminated, I was told “It’s not personal,” and I was given no reason, despite asking why multiple times, the employer claimed they didn’t need a reason, because California is an “at will” employment state. Do I have grounds for wrongful termination?

  36. CAROL C FITCHETT on January 9, 2019 at 10:17 am

    I am an exempt full time employee and my employer cut my 2019 sick days by 12 hours, saying they over paid me sick time in 2018 so there just going to take it from 2019 “To make it fair for everybody” i did not give any consent for them to do this, and i did not know they over paid me sick time until the beganing of 2019. i believe i am being violated under the paid sick article.

  37. Bryan Galindo on January 7, 2019 at 12:54 pm

    I just want what was promised I been waiting for 3 weeks now they said at orientation when they asked us if we wanted to relocate closer to work we wouldn’t get the bonus because beach was the only center approved for that ,That if they even tried to submit it wouldn’t get approved because I didn’t work for the beach one I said they should of told me personally because I didn’t hear them say no such thing I would’ve stayed at the beach center if that was the case

  38. Cindy Vissering on December 30, 2018 at 11:10 am

    I recently received a check from Wal-Mart for pro in the amount of 4.44 for pto. My last check was in June when I left the company. Am I entitled to penalty fees for them not including the pto in my final check in June?

    • Eugene Lee on December 31, 2018 at 2:35 pm

      Yes you are, it should be the maximum waiting time penalty.

  39. Marc Telav on December 27, 2018 at 7:46 pm

    Hello,

    I became sick while on the job (not the job’s fault for the sickness), but I told my supervisor and she told me she needed to talk to me for 5 minues and inferred I could leave after that. I stayed much longer than 5 minutes. In fact, I stayed as long as I could but, my sickness became so intense, I felt I had to leave.
    My question: Can the supervisor force me to stay at the job and work after I tell the supervisor I felt sick and I needed
    to leave. I would understand not paying me for leaving the job early. But, can the supervisor keep me at work after I tell them I really feel sick? Please know that I never had to leave work early due to sickness before under this supervisor who has been there for about three years. Was my rights violated to try and keep me working when sick?

  40. Kimberly S Sanchez on December 27, 2018 at 10:48 am

    I was offered an apartment included in my offer letter as part of my employment package. I moved out of the apartment and was asked to return the apartment. I moved out in September and I still have not been compensated. Is this considered theft and if so, do they owe me wages?

  41. Angela Johnson on December 19, 2018 at 8:48 pm

    None at this time

  42. Gustavo rodriguez on December 13, 2018 at 10:20 am

    I have other questions that I would like to ask regarding taxes but don’t know who to contact.

  43. Michael Higginbotham Sr. on December 9, 2018 at 12:43 pm

    I worked for a security company here in Northern California which has a bad history of paying there officers late. We were supposed to be paid on 11/30/18 which included holiday pay for Thanksgiving our supervisor claimed she did not know what was going on with our checks so we waited until 12/01/18 and still had not got paid nor could we contact the office or higher ups later on that night I found out the company closed its doors due to going bankrupt and did no say one work to we officers. My supervisor told us that a sister company picked up current contracts and would offer us a payroll advance in leu of the past pay we did not get. Needless to say the new company backed out of that offer still expected us to work and in the old company uniforms I almost forgot to mention my supervisor to me she did get the offered payroll advancement and was disciplined for telling officers she received hers while officers like myself are living pay to pay and possibly evicted behind not getting paid.. HELP PLEASE This issues affects about 20 officers

  44. Joaquin on November 28, 2018 at 7:21 pm

    And I thought the min wage was 13.25 in Los Angeles county.

    • Eugene Lee on November 28, 2018 at 7:48 pm

      Yes, but only for unincorporated cities. Redondo and Manhattan Beach are incorporated cities so they fall under the minimum wage for the State of California generally.

  45. mel G. on November 28, 2018 at 12:09 pm

    I was hired as a full time employee and iam lucky if 30 hrs a week.
    I have been job harassment by the owner several times .
    The car iam driving is dirty bad carpet has a mold.unhealthy car to use for business .
    Take out numbers of time hours from my time sheet.

  46. Joaquin Moraga on November 27, 2018 at 8:38 pm

    I work at a dry cleaners. Found the job on Craigslist promising 13$ per hour full time. Been getting paid 12$ per hour and I’d be EXTREMELY lucky if I’ve worked 30+ hours in a week. Now I’m at different store but same owner in Redondo Beach. My manager had said Manhattan beach specifically has a lowered min wage. Well even if that’s so, well I’m in Redondo Beach store now. I’ve only been working at this company for about 3 months. I wanna know what’s the real min wage for Manhattan beach and Redondo Beach? If I’m making less then min wage what are my options? Mind you this company has more then 25 employees so they are considered a larger company.

    • Eugene Lee on November 27, 2018 at 8:43 pm

      Minimum wage for Manhattan Beach and Redondo Beach is the same: $11 for large employers, $10.50 for small employers (25 employees or less) since 1/1/18. At $12/hr, you are making more than the minimum wage for large employers. So I don’t think there’s a minimum wage violation here. However, if you were promised $13/hr but only paid $12/hr, you could have a claim for the $1/hr difference.

      • Joaquin on November 28, 2018 at 7:17 pm

        I have the .org posting from Craigslist that states the job offering was at 13$ per hour full time. And after working more then a week I realized I was being paid only 12. I would like to see how much opening a case could be worth if possible

        And thank you for such a quick response

  47. Christopher Ulm on November 11, 2018 at 3:58 pm

    No Comment

  48. Jocelynne Dunlap on November 8, 2018 at 1:04 pm

    In the other section I didn’t have enough room to explain the suspect time clock procedure, I have complained and tolerated this for over a year now, even while I was at their Mazda store, which was worse. Please call and I will provide more details.

  49. Jocelynne Dunlap on November 8, 2018 at 1:01 pm

    In the other section I didn’t have enough room to explain the suspect time clock procedure, I know this affects other employees not just me.

  50. Venia Royston on November 1, 2018 at 5:42 pm

    I am wondering if I have a case. On 10-5-2018 I clocked in @ 9am. My manager nd HR Manager came about 10:30a, stating they were there to complete an Compliance Audit. They ended up suspending me, claiming until they complete the audit, they did not provide me with any documentation as to why I was being suspended. I have worked there for almost two years, have never had any disciplinary documentation written on me, my performance or anything else. The new manager has been discriminatory against me (African American women over 40yrs) since she came on board. Someone removed my 9a punch, so when payroll ran 10/8/2018 my 8 hours of pay was not included. Then they decided they were going to terminate me on 10/12/2018, however I never received my wages for 10/5/2018. Isn’t there a waiting period penalty up to 30 days where I am entitled to my regular pay for everyday I wait to receive my pay? Please help!

    • Michael Decant on September 11, 2019 at 10:35 am

      Haven’t been paid for over a month. Work for Lowe’s. Working light duty off site.

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