Frequently Asked Questions

I'm undocumented. Can I still file a claim?

YES. California labor laws apply to all workers regardless of immigration status. The Labor Commissioner does not ask about your status, and your employer is legally prohibited from reporting you or threatening deportation in retaliation for a wage claim. Your unpaid wages belong to you.

My boss says I'm an "Independent Contractor" (1099). Can I use this?

Likely yes. Misclassification is very common. If your boss sets your schedule, provides your tools, and controls how you work, you are likely an employee under California law—even if you signed a 1099 agreement.

I was paid a "Salary." Don't I lose the right to overtime?

Not necessarily. Giving you a title like "Assistant Manager" or paying a salary doesn't automatically kill your overtime rights. If you spent more than 50% of your time doing the same work as hourly employees (stocking, serving, cleaning), you may still be entitled to overtime pay. Take our exemption quiz to find out.

I signed an Arbitration Agreement. Am I blocked?

File anyway. Many arbitration agreements do not prevent you from filing an initial claim with the Labor Commissioner. Furthermore, the state may determine the agreement is unenforceable. Do not let a piece of paper stop you from filing; let the Labor Commissioner decide if it's valid.

The business closed down. Is it too late?

Maybe not. You can still file against the business entity. In some cases, you can also name the individual owners as defendants ("Alter Ego" liability) to recover wages even if the company went bankrupt.

What if I don't have my old time cards?

That is okay. Under California law, if an employer fails to keep accurate records (which is illegal), the burden of proof shifts. You are allowed to provide a "reasonable estimate" of your hours based on your memory and routine. Our Audit Packet helps you reconstruct this schedule week-by-week to create that legal estimate.

What happens at the hearing?

It is informal, like "Judge Judy" but without cameras. You sit in a conference room with a Deputy Labor Commissioner. You present your Audit Packet (evidence), and your employer tries to explain why they didn't pay. The Deputy acts as the judge. You do not need to know "legalese", you just need to tell the truth and show your numbers.

Why shouldn't I just go to Small Claims Court?

You can, but we recommend the Labor Commissioner (DLSE) first:

• It's Free: Small Claims costs $30-$75 to file; DLSE is $0.
• Expertise: The DLSE deals only with wage law. A Small Claims judge handles everything from car accidents to broken leases and might not know the complex overtime rules.
• No Downside: If you lose at the DLSE, you can usually appeal to court later.

How long does the process take?

• Filing: 2-3 hours (with our packet)
• Wait time: 3-6 months (for hearing)
• Total: 4-9 months from file to check

Will my employer know I checked this?

No. We don't contact your employer, and our service is completely private. Your employer won't know unless YOU decide to file a claim.

Will my current employer find out I sued my old employer?

No. Wage claims are not public record in the same way criminal records or credit reports are. A future employer would generally not find out unless you told them.

What if I lose? Do I have to pay my employer's legal fees?

Generally, no. In Labor Commissioner hearings, each side pays their own way. Unlike civil court, there is very little risk of being ordered to pay the other side's attorney fees if you lose, provided you filed in good faith.

Can I get fired for filing?

Legally, no. Retaliation is illegal (Labor Code § 98.6). Practically, it sometimes happens. Document everything if it does - you can file a separate retaliation complaint worth up to $10,000.

Can I file for a job I left 2 years ago?

Yes. You have 3 years to file for unpaid wages, overtime, and breaks (and up to 4 years for unfair business practices). As long as the work happened within that window, you can file today.

Why can't I just calculate this in Excel?

You can, if you know the code. But California math is tricky:

• Do you know how to calculate the "Regular Rate of Pay" when you earn a shift bonus?
• Do you know how to apply the "Blended Rate" for overtime?
• Do you know the specific daily interest rate?

Our engine handles these edge cases automatically so you don't leave money on the table or get your claim rejected for bad math.

Is this a subscription?

No. It is a one-time fee of $79. You get your full packet, your demand letter, and your filing guide instantly. No hidden monthly fees.

What if the math is wrong?

Our calculations are based on California Labor Code. If the Labor Commissioner determines a different amount, we'll refund your $79.

What are "liquidated damages"?

Liquidated damages double your recovery for minimum wage violations. If you were paid below minimum wage and recover $5,000, liquidated damages add another $5,000 (total: $10,000).

What is a "Waiting Time Penalty"?

If you quit (with notice) or were fired, your employer must pay you immediately. If they delay, they owe you your daily average wage for every day they are late, up to 30 days.

What is the "statute of limitations"?

California gives you 3 years to file wage claims. Money earned 3+ years ago cannot be recovered. Every day you wait = money lost forever.

What's the difference between DLSE and court?

DLSE (Labor Commissioner) is free to file and designed for self-representation. Court requires filing fees and is more formal. Start with DLSE.