How can I file a wage theft claim with the California Labor Commissioner if my employer is withholding pay due to my immigration status?

California law protects all workers from wage theft, regardless of immigration status. You can file a wage claim with the California Labor Commissioner's Office to recover your unpaid wages. Here is how to file your claim: Step 1: Gather Your Evidence Collect all documents related to your work and unpaid wages. This includes pay stubs, personal time records or calendars, text messages or emails with your employer, and any written demands for payment you have made. Step 2: Complete the Claim Form Fill out the "Initial Report or Claim" form (also known as Form 1). You can find this form on the California Department of Industrial Relations (DIR) website. The form is available in multiple languages and does not ask about your immigration status. Step 3: File Your Claim Submit your completed form and copies of your evidence to the Labor Commissioner's Office. You can file online, by mail, or in person at the district office nearest to where you worked. Find your local office on the DIR website. You generally have three years from the date the wages were earned to file. Step 4: Participate in the Settlement Conference After you file, the office will schedule a settlement conference. A Deputy Labor Commissioner will meet with you and your employer to try and reach an agreement. Most cases are resolved at this stage. Step 5: Attend the Hearing If you cannot reach an agreement at the conference, your case will be scheduled for a formal hearing. This is a court-like proceeding where you present your evidence to a hearing officer who will issue a final, binding decision. Important Details and Nuances Under California Labor Code Section 1171.5, all protections and remedies available under state law are available to all individuals regardless of immigration status. Furthermore, Labor Code Section 244 makes it illegal for an employer to threaten to report you to immigration authorities in retaliation for exercising your labor rights. Warnings and Limitations The wage claim process can take several months to complete. While the law strictly prohibits retaliation, an unscrupulous employer might still make threats. Document any such threats immediately. This is general information and does not constitute legal advice. For complex situations or if you fear retaliation, you should consult with a qualified California attorney or a workers' rights clinic.