One Passenger’s Experience Filing A Wage Claim

This just in.  A recommendation from another loyal reader:

You should not file in SF if you worked in another California office. Claims must be filed at the office that handles claims for the city where the work was actually performed.

For Silicon Valley:
DLSE – Wage Claims, 100 Paseo de San Antonio, Suite 120, SJ CA 95113.

For LA:
DLSE – Wage Claims, 320 West Fourth St., Suite 450, LA CA 90013.

For San Diego:
DLSE – Wage Claims, 7575 Metropolitan Drive, Suite 210, SD CA 92108.

* * *

I just want to relate to the readers what one person in California has experienced when filing a wage claim:

“I went to the Department of Labor Office in San Francisco to file a wage claim yesterday.  My experience was on par to going to the DMV (no surprise there).  At the DMV, you can’t get registration and handle your license in the same window.  The same runs true for the labor office.  I attempted to file a wage claim INCLUDING my WARN act money.  This is not accepted and basically I turned in a mangled form.  Hopefully this spares others the same troubling experience.

The wage claim should only include unpaid hours worked AND unpaid accrued vacation time.  This claim needs to be filed in person or mailed into California Division of Labor Standards Enforcement, 455 Golden Gate Ave, 10th floor, San Francisco, CA.

A claim for WARN act violations should come in the form of a statement/letter addressed to the same place Attn: Ethera Clemons, Deputy Commissioner.”

So the key points:

– when filing a wage claim in California, ONLY INCLUDING WAGES NOT PAID AND ACCRUED VACATION NOT PAID.  DO NOT ADD THE WARN ACT MONIES THAT ARE DUE.

– wage claims can be filed in person at the California Division of Labor Standards Enforcement, 455 Golden Gate Ave, 10th floor, San Francisco, CA or by mail.

– FOR WARN ACT CLAIMS, send a letter to Ethera Clemons, Deputy Commissioner at the same address above.  If anyone drafts or sends a letter, please consider sending me a copy so I can post the text here for others to copy and paste into a letter.

Thanks to our loyal reader for sending in this info – you rock!

And if you have any experiences filing for wage claims and/or unemployment and you want to have your story told here, please email it to hellerdrone@gmail.com.

Over and out.

Heller Drone
Cruise Director

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9 Responses to “One Passenger’s Experience Filing A Wage Claim”


  1. 1 dlse 15 October 2008 at 12:13 pm

    I would add do not include the § 203 penalties, since those appear to continue to accrue even after you’ve filed your wage claim – they only stop accruing when you file suit or the firm ponies up the outstanding monies owed.

  2. 2 From the provinces 15 October 2008 at 1:50 pm

    You should not file in SF if you worked in another California office. Claims must be filed at the office that handles claims for the city where the work was actually performed.

    For Silicon Valley:

    DLSE – Wage Claims, 100 Paseo de San Antonio, Suite 120, SJ CA 95113.

    For LA:

    DLSE – Wage Claims, 320 West Fourth St., Suite 450, LA CA 90013.

    For San Diego:

    DLSE – Wage Claims, 7575 Metropolitan Drive, Suite 210, SD CA 92108.

  3. 3 Ex-Hellerite 15 October 2008 at 4:04 pm

    What’s the recommended amount of time to wait for one’s final pay check before filing a wage claim for earned wages owed and accrued vacation?

  4. 4 hellerdrone 15 October 2008 at 4:18 pm

    It depends on your state. I am assuming you are in California – so technically they should have had your check waiting for you on your last day.

    See:

    https://hellerdrone.wordpress.com/2008/10/04/wage-claim-laws-and-penalties-simplified/

    Heller Drone
    Cruise Director

  5. 5 Ex-Hellerite 15 October 2008 at 4:42 pm

    And for a wage claim one must list the shareholders responsible for their office and not Heller Ehrman LLP, right?

    Thanks

  6. 6 hellerdrone 15 October 2008 at 4:44 pm

    For one’s office but also those on the Dissolution Committee (Benvenutti, Sugarman, Hayden and Loacker). If you list too many you might confuse the poor wage claim office worker – just try to keep it simple.

    H.D.

  7. 7 Ex-LA Hellerite 16 October 2008 at 1:15 pm

    Is the letter for WARN act claims addressed to Ethera Clemons even if you work in LA, or does that vary depending on the office you are working in?

    thanks.

  8. 8 hellerdrone 16 October 2008 at 1:20 pm

    Ex-LA Hellerite

    I would image not – they probably have their own contact person. I would leave off the contact person and just send the letter to the general address for the LA office.

    Heller Drone
    Cruise Director

  9. 9 FedUp 17 October 2008 at 2:08 pm

    Has everyone who was laid off or resigned on October 10, 2008 been paid? I’m still waiting for my “final” paycheck.


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