Wage and Hour Violations

California employees whose employers have violated the wage laws may seek to recover those wages, as well as other damages and penalties under certain circumstances either by filing an action in court (legal relief) or by pursuing an action through the Division of Labor Standards and Enforcement ("DLSE") (administrative relief).

Pursuing a wage claim through the DLSE is usually faster and more economical for the employee. An attorney is not required, although may be utilized at such proceedings. The DLSE may issue subpoenas, investigate and conduct hearings in response to an employee’s complaint. The DLSE may recover on behalf of the employee unpaid minimum and overtime wages as well as waiting time penalties. The "Labor Commissioner" is the Chief of the DLSE and is generally charged with responsibility for such actions.

In more complex cases or cases where substantial amounts are involved, an employee may wish to file a legal action in court. In many cases, attorney’s fees may be recoverable in such actions by a prevailing employee.

For a summary of current California Wage and Hour Laws, click here.

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