California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claims involve issues such as an employer’s alleged failure to pay legally required wages, meal and rest break requirements, and reimbursement of employment related expense matters.
An employment relationship needs to exist for the Labor Commissioner to have jurisdiction of the claim. Independent contractor claims and/or other purely contractual relationship claims not based in an employment context, are not claims which typically can be adjudicated by the Labor Commissioner. However, employees who claim to have been misclassified as an independent contractor can file a claim with the Labor Commissioner.