The federal minimum wage for non-exempt employees is $5.15 an hour. The Fair Labor Standard Act (FLSA) contains the federal wage provisions. Most of the states have their own minimum wage laws. Many employees are subject to both state and federal minimum wage laws. In this case, employers are required to give the higher wage to their employees.

If an employee does not receive the minimum wage he is entitled to, he can file a minimum wage claim to the Division of Labor Standards Enforcement (DLSE), or file a lawsuit in court against the employer to recover the deficient wage.

Procedures of a Wage Claim

1. An employee (plaintiff) alleging the short payment wage by his or her employer (defendant), must file and complete a claim to the local office of the Division of Labor Standards Enforcement to initiate investigation.

2. A Deputy Labor Commissioner will evaluate the case based on the circumstances of the claim and the information presented

3. Within thirty days of filing the claim, the Deputy shall notify the parties as to the specific action that will be taken initially regarding the claim:

• Referral to a conference

• Referral to a hearing

• Dismissal of the claim

4.If the decision has been made by the deputy to hold a conference, a Notice of Claim Filed and Conference will be sent to both parties. This will describe the claim, provide the date, time and place of the conference, and will direct the parties that they are expected to attend.

The purpose of the Conference is to determine if the claim can be resolved without a hearing.

5. If the claim is not resolved at the conference, the deputy will determine the appropriate action with regard to the claim, usually a referral to a hearing or dismissal.

6. If a hearing is scheduled, a Notice of Hearing, indicating the date, time and place, will be sent to both parties either by mail or by personal service.
Although hearings are conducted in an informal setting, they are formal proceedings, as opposed to the Conference.

7. At the hearing, the parties and witnesses testify under oath, and the proceedings are recorded. Both parties have the right to be represented by a lawyer.

8. Within 15 days after the hearing, the Order, Decision or Award (ODA) of the Labor Commissioner will be filed in the DLSE office and served on the parties shortly thereafter. The ODA will set forth the decision and the amount awarded, if any, by the hearing officer.

9. If any of the party is not satisfied with the ODA, they may appeal the ODA to a civil court of competent jurisdiction. The appeal must be filed in court within the time period set forth on the ODA. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses.

In order for an employee to earn a favorable decision in his claim, he must provide sufficient evidence that he was not paid properly by his employer.

A claim for minimum wage must be filed within three years from the date the claim occurred.

If you have a serious minimum wage problem, it is advisable to consult a minimum wage claim lawyer who is familiar with the Employment Law or Labor Code.