Filing the Complaint
Claims must be filed by either the employee or the employer with a local Labor Commissioner’s office. Once claims are filed, the investigation of the claim will begin.The statute of limitations for wage claims is two, three or four years, depending on the type of claim, from the date of the alleged incident of the failure to pay. If you are thinking about filing a wage claim, the more recent the alleged non-payment, the better it is for the process.
When you file a claim, it is very important to provide as much information and documentation as you can such as type of business, name, and location of the defendant (the person you are filing a claim against).
Once a Deputy Labor Commissioner is assigned to your claim, he or she will decide the best way to move forward. You and all other parties involved will be notified within 30 days after filing the complaint. Either a conference will be held, a hearing, or the case will be dismissed. Not all cases follow this path, many are resolved informally before a conference or hearing is held.