A California worker who has difficulties settling a disagreement with their employer on pay or hiring problems can show respect and not give in. The Bureau of Field Enforcement (BOFE) takes labor claims.

The workers just have to fill in a form and request an order from the Department of Labor Standards Enforcement to resolve the disagreement. The labor commissioner handles the cases.

Steps

1. Get ready to make the claim clear to the BOFE. A claim that is not clear can have no effect. On the other hand, a well explained claim can tilt the scales to the worker's side.

Put together all the facts used to make a claim. The facts that show a worker worked for the employer but was not treated right have the main weight. Always, a worker will have to report their pay, or hours or other condition of employment the case depends on, and dates at work.

2. Fill out an Initial Report or Claim form in plain words. DLSE Form 1 is available on the department's website, www.dir.ca.gov/dlse/. Do not state unimportant facts instead of stating the basic facts. The form has space for the facts the department finds most informative and useful for resolving a case.

There is also room for a brief explanation. In the explanation, use the facts that the department can use to make the judgment.

I am short on cash. Or, no one covered my work injury are not clear stated facts. My employer did not pay me wages in the amount owed and my employer does not have worker's compensation insurance are enough to get the department started on examining the case.

There are doubts my employer has a license to hire workers for the business they do is useful enough.

Sign and date the form.

3. Add the details. Support the statements on the form with facts in documents that add to the weight on the worker's side. These documents are attached to the DLSE Form 1.

For some claims, the worker has to write out the numbers on pay. Additional forms are available from DLSE for commission summaries, rest periods and meal computations, and vacation pay schedules.

4. File the claim on time. The form is given to the DLSE office that handles BOFE claims in the place the work was done, or in the place the violation happened. Workers can mail it to the office or walk in and hand deliver their claim.

The last day to file the claim depends on the type of claim. A disagreement about an oral agreement made between the worker and the employer is the least serious type. When a worker makes a claim against their employer, it goes on the clock at the time the violation happened and stays on the clock for 2 years. Written agreements give workers a strong position that lasts. These workers have 4 years to file.

Rules written in laws or regulations, or in Industrial Welfare Commission orders, can be counted on. A worker treated poorly by their employer can take 3 years to file a claim when the rule is written.

An investigator will take up the case. Typically, they investigate the violation at the worksite to know a violation actually was done.

If the investigator needs any additional information, they will request it from the worker.

The DLSE can order the employer to follow the rules. Workers that win their case often will not lose their missing pay, regular or overtime. The department can also order back pay for minimum wages and overtime wages.

Sources:

California Division of Labor Standards Enforcement, How to File a Claim with the Bureau of Field Enforcement (BOFE), on web site www.dir.ca.gov/dlse/HowToFileBOFEClaim.htm (July 2, 2011).

California Division of Labor Standards Enforcement, DLSE Form 1: Initial Report or Complaint (Revised December 2010).