Report a Labor Law Violation
Report widespread cases of wage theft to the Labor Commissioner's Office.
- You can report any employer committing wage theft, even if you do not work there.
- The Labor Commissioner's Office cannot investigate every report and prioritizes those that involve widespread wage theft affecting large groups of workers.
- After an investigation, the Labor Commissioner's Office can issue citations, attempt to collect wages due to workers, and work with the employer to correct any violations.
- If you are a victim of wage theft, you should file a wage claim in order to recover your unpaid wages.
Which One Is Right for You?
|Report of Labor Law Violation||Wage Claim Process|
|Anyone can report labor law violations affecting a group of workers.||Workers must file their own wage claim individually.|
|Not all reports of labor law violations will be investigated. The Labor Commissioner prioritizes widespread cases involving groups of workers.||A Deputy Labor Commissioner will be assigned to review the wage claim.|
|If an investigation is conducted, the Labor Commissioner's Office may take the following steps: review the employer's records, interview workers, and inspect the workplace.||A settlement conference will be scheduled for the worker and employer(s). If settlement on the wages owed is not reached, a hearing will be scheduled.|
|If investigators find there was wage theft, the Labor Commissioner's Office will issue citations requiring the employer to pay wages and/or civil penalties.||After the hearing, the hearing officer will issue their decision on the result of the wage claim and the wages owed to the worker, if any.|
What Happens Next
Reports of labor law violations are investigated at the Labor Commissioner's Office by Bureau of Field Enforcement (BOFE) investigators.
During an investigation, a BOFE investigator may speak with your employer on the worksite while another investigator speaks to workers at another location. The investigators will ask questions related to hours of work, wages, rest breaks, and other working conditions. BOFE investigators will not share workers' responses with the employer or ask workers about their immigration status.
If you are not comfortable speaking to an investigator at your worksite, you should ask them for their business card and call them after the inspection to talk at another location. If BOFE recovers wages that you are owed, you will be notified by mail after your employer pays the citations.
For more information visit the Labor Commissioner's website.
Wage Theft in the News
American Airporter Shuttle, Inc., and its owner-operator Phillip Achilles, illegally misclassified their drivers as independent contractors. The company must pay the six drivers $212,407 for minimum wages, overtime and meal period premiums, plus $8,050 in civil penalties to the state. "In misclassifying its workers as independent contractors, American Airporter Shuttle, Inc. gained an unfair competitive advantage by passing its expenses on to its workers," said Labor Commissioner Julie A. Su.
An investigation revealed that nine caregivers were forced to work 24-hour shifts, six to seven days a week, for $1.25 to $1.80 per hour. Citations were issued to Fairhill Castle LLC and its owners, Lamberto "June" and Jesusan Deleon of Spring Valley for minimum wage, overtime, meal period and workers' compensation violations from September 2013 to August 2014. They must pay $1,332,129 for underpaid wages and premiums, $716,846 for liquidated damages and $171,305 in civil penalties.
California Labor Commissioner Julie A. Su today announced that six car wash workers were paid $363,625 in wages owed to them by two car wash operators in the Los Angeles area. The workers were shorted on minimum wages and overtime, and were denied rest and meal breaks as required by law. The Labor Commissioner's Office determined that the workers, who had been employed an average of six years, worked 10 to 12 hours each day and were paid only $3.50 to $5.40 per hour, well below the state's minimum wage.