WHERE CAN I GET HELP FOR PROBLEMS ON THE JOB?
If you have a problem at work and are a member of a union, contact your union representative. He or she can advise you about dealing with your employer or about contacting the correct government office.
Wage Claims: You can file a wage claim with the Labor Commissioner for any amount (or in Small Claims Court for up to $7,500) if your employer does any of the following:
• Pays less than the current minimum wage (the California minimum wage will increase to $15.00 per hour, effective January 1, 2022, for employers with 26 or more employees, and to $14.00 per hour for employers with 25 or fewer employees.) There are exceptions, including minors.
• Does not pay overtime. Overtime means time-and-a-half if you work more than 40 hours in a week OR more than 8 hours a day OR on the 7th day in a row. Overtime means double-time if you work more than 12 hours in a day OR more than 8 hours, the 7th day of a work in a row.
• Takes improper deductions from your pay.
• Does not give you your last paycheck immediately upon discharge or within 72 hours if you quit and don’t give 3 days notice.
• After you lose your job, does not pay vacation time you were promised and have earned.
• Does not pay wages owed or pays you with a check that bounces.
• Does not give you at least 10 minutes rest break for every 4 hours work and/or a meal break of at least a half hour, which can be unpaid, if you work at least a 5 hour shift. You can get penalty money if you don’t get the breaks.
• Misclassifies you as an “independent contractor.” The Labor Commissioner has no jurisdiction over independent contractors. Some workers who are misclassified as independent contractors are not provided basic labor rights. If you feel they have misclassified you, file a wage claim.
• Garment workers can file a wage claim under the Garment Worker Protection Act. See https://www.dir.ca.gov/dlse/Garment_worker_wage_claim.html for instructions.
The law also gives you waiting time penalties. These penalties can be up to 30 days’ pay for each day after termination you have to wait to receive all wages owed to you. Wages include regular pay, overtime, vacation pay, and penalties for not getting rest or meal breaks.
You can file a wage claim online. Go to https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
To reach the Labor Commissioner’s office, go online to https://www.dir.ca.gov/ or call 833-LCO-INFO (833-526-4636). The Sacramento office contact information is 2031 Howe Avenue,Suite 100 , Sacramento, CA 95825 (916) 263-1811. Email LaborComm.WCA.SAC@dir.ca.gov
The Federal Department of Labor has an office that also helps people with similar problems. Its services are more limited. However, you can file an anonymous complaint with them to avoid retaliation by your employer.
Contact the Department of Labor Sacramento office at 800 Capitol Mall, Sacramento or (916) 654-8178. This number and address is for the Department of Veterans’ Employment and Training within the Department of Labor.
You can also contact the Sacramento County Department of Labor, a different office, for questions about:
- Sacramento jobs and employment
- Unemployment insurance
- California labor laws
- CA minimum wage
- Filing complaints against employers
Sacramento County Department of Labor
700 H Street, 7650
Sacramento, California, 95814
It is illegal to discriminate against workers because of their race, sex, religion, national origin, citizenship, age, disability, political affiliation, or sexual orientation. It is also illegal to require sexual favors from an employee (sexual harassment). If you believe you have been discriminated against, you can file a complaint at the Federal Equal Employment Opportunity Commission (EEOC) in person or by mail to the San Francisco office, 350 The Embarcadero Suite 500, San Francisco, 94105. You may also call
(800) 669-4000 or contact the EEOC at info@eeoc.gov for assistance. Visit http://www.eeoc.gov/employees/charge.cfm for more information.
They will investigate your complaint and may be able to help solve your problem. If your case requires court action, you will be given a letter authorizing you to file a lawsuit.
You can also call the California Department of Fair Employment and Housing Department (DFEH) (800) 884-1684 for discrimination and sexual harassment claims. DFEH accepts complaints for the same reasons as the EEOC. DFEH also accepts discrimination complaints based on sexual orientation, whether you have children, marital status and your source of income (for example whether you get welfare).
Breastfeeding Mothers: Employers are required to provide lactation accomodation for breastfeeding mothers, including break time (which can run concurrently with a scheduled break, or can be unpaid additional time) and a nearby private space (not a toilet stall). See https://www.dir.ca.gov/dlse/Lactation_Accommodation.htm for more details on the rules.Information on filing a complaint is at http://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm.
4. Work Safety
Employers are required to provide safe, healthy work areas. If you are asked to work under unsafe or unhealthy conditions, a state agency can investigate your complaint, and your employer may be fined for violating the law. Contact the California Occupational Health and Safety Administration (Cal/OSHA) office nearest your work. Visit www.dir.ca.gov/dosh/DistrictOffices.htm.