DOL claim - Retaliation for complaining of wages below minimum wages

How long do I have to make the complaint with DOL from the date of incident? In addition to DOL, can I also make the same complaint with EEOC? How long do I have to make the complaint with EEOC from the date of incident?

Torrance, CA -

Attorney Answers (4)

Neil Pedersen

Neil Pedersen

Employment / Labor Attorney - Irvine, CA
Answered

If the form of retaliation was termination, or some lesser but significant adverse employment action, you have a right to sue in superior court for wrongful adverse employment action in violation of public policy. That is a claim available to you only through a superior court lawsuit.

As to the wage claim, your better approach would be to file the claim with the California Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office, if you want to proceed with this matter administratively. You do have options.

You can file a small claims action if the amount in controversy is less than $10,000.

You can file an administrative claim, as suggested.

You can file a lawsuit, seeking recovery for the wage claim and the retaliation claims.

As a precursor to these, you can consider hiring an attorney to send a demand letter and try to resolve the matter before litigation becomes necessary.

You should really locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
Kristine S Karila

Kristine S Karila

Employment / Labor Attorney - Irvine, CA
Answered

The EEOC handles discrimination/retaliation/harassment claims as does the DFEH - neither office handles wage claims. The DOL handles wage claims and you can usually go back 3 years from the date the violation occurred (statute of limitations.) However, filing a claim with the DOL is only one option. Most times, the DOL will try to get you to settle for less than what is owed and if not, will hold a hearing and if the the DOL gets the facts or law wrong, you only have 10 days to appeal to Superior Court and have to pay over $400.00 to do so. I recommend that you call an employment law attorney to discuss your claim. She/he may be able to get what is owed to you by sending a demand letter to your former employer and negotiating an out of court settlement. Many wage laws provide that the employer "shall" pay the employee's attorneys' fees. As such, employees can get an attorney to pursue their claim at no cost to the employee. In addition, if you file a DOL claim and want an attorney to represent you, the laws that state that the employer "shall" pay the employees' attorney's fees don't apply if you file your claim with the DOL. Most employment law attorneys provide a free initial phone consultation. Call an employment attorney right away.

Jim Wade Vogele

Jim Wade Vogele

Employment / Labor Attorney - Portland, OR
Answered

Note that both the federal Fair Labor Standards Act and California law prohibit retaliation for engaging in protected activity regarding your entitlement to the minimum wage (protected activity includes but is not limited to filing a wage claim or protesting to your employer about illegal wage practices). As the other answers indicate, you should contact an experienced employment attorney to protect your rights to minimum wage and to be free from retaliation for objecting to unlawful wage practices.

John D Wu

John D Wu

Employment / Labor Attorney - Costa Mesa, CA
Answered

You should contact a labor or employment law attorney immediately. You may likely want to file a claim in state or federal court; in addition to claims for violations of wage and hour laws in California. A competent plaintiff-side labor or employment attorney can help you with these types of claims. Most offer a free and confidential consultation. Good luck.

Any post of discussion above is general in nature and is not intended to and should not be construed as legal... more

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