Wage Claim
Frequently Asked Questions
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Although we cannot provide nor guarantee a completion date, claims are
processed in the order in which they were received, which may take several
months, depending on various factors such as each party's response
time, the thoroughness of the response, and/or how quickly sufficient
evidence is obtained.
The Department makes every effort to investigate wage claims thoroughly and
completely in accordance with the applicable state statutes and rules.
If the employer does not provide a written response within 14 days of the
first notice, a second and final notice will be sent to the employer. If
the employer again fails to respond, the Department will make a
determination based on the evidence in the file.
If the employer provides a written response disputing the claim, a copy of
the employer's response and evidence will be sent to the claimant via their
preferred method of communication as indicated on the claim form, and the
claimant will have 14 days to provide a written response and any supporting
evidence.
In some cases, the parties may prefer to resolve the claim through
a settlement, to which the Labor Department will serve as a neutral 3rd
party in facilitating settlement negotiations.
The Department may issue a determination in favor of one party or another,
depending on the evidence in the case. In some cases, if the evidence is
not conclusive or if the Department lacks the jurisdiction in a particular
matter, a determination cannot be made.
The Department’s determination is only appealable through Superior Court.
Refer to the appeal rights stated in the closure letter.
If the Department’s determination against an employer is not paid, a
judgment in treble the amount can be obtained by the claimant from the
superior court. The claimant may then record the judgment with the County
Recorder’s Office, and if a claimant wishes, the claimant can obtain the
services of an attorney for collection of the judgment.
If the employer files bankruptcy at any time during the Department’s investigation, the Department must dismiss the case and the claimant will have to file a claim directly in the bankruptcy court.
Rev 05/2025