Frequently Asked Questions (FAQ)
- For Employers
- General Wage Claim Questions
- Appeal to Civil Court
- Can I Recover My Attorney Fees in a Wage Claim?
- Do I Need a Lawyer?
- Employer Doesn’t Pay Order, Decision, or Award
- File for Workers’ Comp and Wage Claim
- Filing the Complaint
- I Filed with the Labor Commissioner but May Want an Attorney
- Summary of Procedures for Wage Claim Processing
- The Conference
- The Hearing
- What Happens After Filing Wage Claim?
- What Happens at Labor Commissioner Conference?
- Independent Contractor Wage Claims
- Both Independent Contractor and Employee
- Contract Not Determinative of Independent Contractor Status
- Difference Between Independent Contractor and Employee
- Employer Does Not Pay ODA
- Employer Retaliation or Discrimination
- Independent Contractor or Employee?
- Misclassified as an Independent Contractor
- Pay Type Not Determinative of Independent Contractor Status
- Wage Claim Procedure for Independent Contractors
- Lunch Break Wage Claims
- Minimum Wage Claims
- Misclassified as Exempt
- Overtime Wage Claims
- Employee Forced to work Overtime
- Employer Authorization for Working Overtime
- Employer Doesn’t Pay Earned Overtime
- Employer Doesn’t Pay Wage Claim Award
- Employer Retaliation for Overtime Wage Claim
- Forfeiting Overtime Pay
- Get Paid For Unauthorized Overtime
- Getting Paid for Overtime
- Is a Fluctuating Workweek Legal in California?
- Overtime Including Sick Days or Holiday Hours
- Process of Filing an Overtime Wage Claim
- Straight Time Pay for Overtime Hours
- Reporting Time Pay Wage Claims
- After Filing a Reporting Time Pay Wage Claim
- Does Reporting Time Pay Count Towards Overtime?
- Employer Does Not Pay Reporting Time Pay
- Employer Retaliation for Reporting Time Pay Claim
- Leave Work for a Personal Matter
- Outside Circumstances Prevent Shift Completion
- Reporting Pay and Overtime for 2nd Shift
- Reporting Time Pay for Reporting Twice
- Reporting Time Pay for Training Meeting
- Sent Home Due to Lack of Work
- Sent Home Due to Poor Performance
- What is Reporting Time Pay?
- When Does Reporting Time Pay Not Apply?
- Win Reporting Time Pay Claim But Employer Does Not Pay
- Rest Break Wage Claims
- Additional Rest Periods for Smoking Breaks
- Basic Requirements for Rest Periods
- Employer Not Allowing Rest Periods
- Employer Refuses Rest Periods For Lactacting
- Employer Refusing Rest Periods During 8-hr Shifts
- Employer Retaliating Against Employees
- How Long Do I Have to File a Rest Period Wage Claim
- Rest Periods in the Middle of a 4-hr Work Period
- Stay on Premesis During Rest Period
- Toilet Breaks Counting as Rest Periods
- Work Through Rest Periods to Leave Work Early
- Vacation Wage Claims
- After I File a Vacation Wage Claim
- Ceilings on Vacation Earnings
- Earned and Unused Vacation Time
- Employer Decides When Employees Should Take Vacation
- Employer Refused to Carry-Over Unused Vacation
- Employer Retaliating Against Employee for Vacation Claims
- Forfeiture of Earned Vacation Time
- How Vacation is Earned
- If Employer Doesn’t Pay ODA in Vacation Wage Claim
- Paid Time Off vs. Vacation Plans
- Pay for Unused Vacation Days
- Vacation Plan Not For Part-Time Employee
- Vacations Taken in Advance of Being Earned
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