What Changed with AB 1228
Before AB 1228, wage theft claims at the California Labor Commissioner’s office could take years to resolve. AB 1228 made significant improvements:
- Faster hearing schedules — claims must be heard within a shorter timeframe
- Stronger default judgments — if an employer fails to appear, judgment enters in the worker’s favor more quickly
- Enhanced enforcement — the Labor Commissioner can more aggressively pursue employers who ignore orders to pay
How to File a Wage Claim
- Online: dir.ca.gov/dlse/howtofilewageclaim.htm
- By phone: 1-844-522-6734
- In person: At your local Labor Commissioner office (find one at dir.ca.gov)
There is no cost to file a wage claim. Immigration status is never a barrier. You have 3 years from the date of the violation to file.
What You Can Recover
- All unpaid wages and overtime
- Interest at 10% per year
- Liquidated damages (an additional amount equal to unpaid wages)
- Waiting time penalties (up to 30 days of wages) for late final paychecks
- Attorney’s fees if you hire an attorney