This website and its content are not intended to be relied on as legal advice, and should not be relied on as such. A wage claim starts the process to collect on those unpaid wages or benefits. Notice: This domain, its subdomains, and its pages (collectively, this "website"), are the property and creation of , who does business as Work Lawyers. Code, § 12960, subd. (j)(1) [“It is an unlawful employment practice . File a wage claim and learn about labor rights. Labor Board State Of California. (a) [“A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because . If you’re a member of a protected class and have been the victim of discrimination, harassment, or retaliation on that basis, click here to learn about filing a complaint with the DFEH. California State Department Of Labor. Cunningham Law, APC T:(213) 992-3299 F: (213) 596-0487 The DLSE offers an … The director or his or her authorized representative may in like manner, on his or her own motion, make, sign, and file a complaint.”].↥, Cal. The board also investigates complaints involving unlicensed contracting activities. The board has jurisdiction over both licensed and unlicensed contractor's projects for up to four years. Two of these laws in particular, the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), are enforced directly by the DOL through its Wages and Hours Division. The U.S. National Labor Relations Board filed a complaint against Google, alleging the company illegally terminated and surveilled employees. Once the employee has correctly identified their type of claim and the best agency with which to file, they can proceed with preparing their complaint. of the exercise by the employee or applicant for employment on behalf of himself, herself, or others of any rights afforded him or her.”].↥, Gov. Seniors are a particularly vulnerable audience, often preyed upon by unlicensed or unscrupulous contractors. After the complaint is received and filed, notice of conference will be issued by the labor board; approximately within 1 to 2 months. The Labor Commissioner can adjudicate some, but not all, types of whistleblower claims. That way, they can select the best agency to hear their case and follow the correct complaint procedure. How To Contact Labor Board. (k) [“Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer’s premises.”], 98.6, subd. § 631(a); Gov. File your wage claim. The Department of Fair Employment and Housing is the state agency charged with enforcing California’s civil rights laws. The California Labor Board has the power to investigate claims that workers are treated fairly under federal and state law, and related to unpaid wages & overtime, meal & rest period violations, and certain other labor code violations. This article takes a look at the two main state agencies in California that handle labor and employment disputes, and provides resources explaining how to file complaints with them. In the section above, it was mentioned that employers are prohibited from discriminating, harassing, and retaliating against employees for participating in certain protected activities.⁠33 Those types of claims are sometimes heard by the DLSE. Contacting any attorneys or law firm mentioned on this website, without more, does not create an attorney-client relationship. 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