Labor - Wage Claims - Frequently Asked Questions

Wage Claim Frequently Asked Questions

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The investigation takes an average of 90 days.

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 respond in writing within ten 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 disputes the claim in writing, a copy of the response and a questionnaire is sent to the claimant and the claimant will have ten days to respond in writing.

In some cases, a meeting with both parties is needed in order for the Department to complete its investigation. The purpose of a meeting with both parties is to complete the investigation and in some cases to mediate the dispute.

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 to Superior Court.

If the Department’s determination against an employer is not paid, a judgment in treble the amount is obtained from the superior court. The claimant may 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 11/2015