How Long Does a Wage Claim Take in California?

When an employer fails to pay your agreed-upon wages, you probably want to resolve the issue as soon as possible. However, wage claims are not always fast. They often involve a multi-step legal process, and several factors can complicate the timeline. 

How long does a wage claim take in California? Working with an experienced employment attorney in California could help you keep the case moving and avoid foreseeable delays. 

Average Duration and Timeline of a Wage Claim in California 

Wage claims arise when an employer fails to provide timely, accurate, fair payment according to the worker’s employment contract and wage laws. A worker files a claim against the employer to seek their unpaid wages and, sometimes, other damages.  

A relatively straightforward wage claim may take anywhere from six months to a year or more to settle, while a complex one can take as long as two years. The process generally follows these steps:

1. Gather evidence of unpaid wages, such as pay stubs, communications, and time records.
2. Demand payment from your employer in writing. 
3. File a claim with the California Labor Commissioner’s Office (under the Division of Labor Standards Enforcement) online, in person, or by mail. 
4. The DLSE will schedule a settlement conference to seek to resolve the claim. 
5. If a settlement cannot be reached, a formal hearing will take place in front of a hearing officer. 
6. The hearing officer will issue a decision.

While this process seems relatively straightforward, it is often subject to delays. 

Examples of Wage Violations That Could Give Rise to a Claim 

An employer commits a wage violation when they fail to pay an employee CA the wages they are legally or contractually obligated to pay. Here are a few examples of violations that could lead you to file a claim: 

• Failure to provide the final paycheck within 72 hours of leaving the position
• Failure to pay the regular paycheck on the agreed-upon date
• Paying under minimum wage
• Failure to pay earned overtime payment
• Paying less than the contractually agreed-upon wages

Factors That Affect the Timeline of a Wage Claim in California 

When you file a wage claim, you probably want to resolve the issue promptly and start moving forward. However, many factors can impact the wage claim process and the timeline it adheres to. Below are a few elements that may affect how long your wage claim takes in California. 

• Amount of unpaid wages: Missing one final paycheck at your job may be easier to prove and resolve than years of underpayment or missing overtime pay. 
• Complexity of the violation: Some wage violations, such as inaccurate record keeping or misclassification of employees, can take longer to correct because they point to larger issues that may have been ongoing for an extended period. 
• Number of employees involved: Systemic wage violations often affect several employees, which can complicate the claims process. 
• Employer cooperation: If an employer denies the unpaid wage claims or refuses to cooperate with the resolution process, this can extend the timeline. Employers who are willing to settle can help streamline the process for everyone. 
• Strength of documentation: If you have documentation that clearly points to a violation of wage contracts or laws, this can help expedite your claim. If any documentation is incomplete or does not clearly show a violation, this might delay the resolution. 
• Case backlogs: Sometimes, straightforward wage claims face delays simply due to other cases taking priority in the agency’s caseload. 
• Settlement vs. hearing: If all parties can agree on a settlement, this could lead to a shorter claim duration than if a hearing were necessary. 
• Appeals process: Either party appealing the hearing officer’s decision would further lengthen the process. 

Statutes of Limitations for California Wage Claims 

Along with asking “How long does a wage claim take in California?” you should also be aware of deadlines that apply to your case. The statute of limitations indicates the amount of time you have to file a claim in California, and missing this deadline could prevent you from seeking your unpaid wages. 

Different deadlines apply to different types of cases. 

• Minimum wage, overtime, and wage theft claims: Three years from the date of the last inaccurate or missed payment
• Violation of oral promises to pay wages exceeding minimum wage: Two years from the date of the incorrect payment
• Violation of written contracts regarding pay: Four years from the violation

Often, the sooner you file a claim, the more evidence you have access to. An attorney can help determine whether you have a strong case against your employer and can demonstrate wage violations through an official claim. They can also help you understand and adhere to all deadlines under employment law. 

Tips To Streamline Your Wage Claim 

Some factors affecting the duration of unpaid wage claims are outside your control, such as case backlogs. However, you can take certain measures to potentially expedite your case:

• Organize documentation early: Gather as much relevant documentation as possible before initiating a claim and ensure that it clearly shows the violation. 
• File your claim promptly: Once you have documentation together, don’t delay. Prompt filing helps prevent additional delays and makes evidence preservation easier. 
• Work with experienced legal representation: An attorney can help you keep your claim on track, communicate with all relevant parties on your behalf, and avoid mistakes that could lead to delays.
• Use alternative dispute resolution methods: Your attorney can advise you on using mediation, arbitration, or other dispute resolution methods to attempt to reach a settlement with your employer without needing a hearing. This could ultimately save you money by streamlining the claims process, even if you do not walk away with the full value of your unpaid wages. 

Request a Consultation With Our Employment Attorneys 

How long does a wage claim take in California? The answer depends on the complexity of your case and several other factors.

D.Law commonly represents clients experiencing wage violations. Whether you are suing for unpaid wages or filing a claim with the DLSE, having experienced legal representation on your side can help. 

Call (818) 275-5799 today to request a consultation with our employment attorneys.