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California Labor Department – Wage Theft Claims and Judgments – 2nd Quarter 2023
The California Department of Industrial Relations maintains a database of wage theft claims presented to the office by employees, and Wage Claim Judgments against individuals and corporations. We have reviewed this database for judgments from April 1st to June 30th, the second quarter of 2023.
When a wage claim judgment occurs, the information about the defendant, the amount, and their industry is made public. When a wage claim is filed, the Labor Commissioner’s Office investigates the claim and publicly shares information about the name of the organization, the date of the claim, and again information categorizing the company or work by industry and location.
If you believe you are not being paid for all the time you worked, or are not being paid overtime due, or are misclassified as exempt, we invite you to schedule a consultation with an employment lawyer at Schneider Wallace Cottrell Konecky LLP. Schneider Wallace is a national law firm that represents employees in a wide range of employment law cases, including California employment lawsuits involving the failure to pay wages, overtime pay and commissions. Contact us at 1-800-689-0024.
California Wage Claim Judgments for April, May and June 2023
California reported 1046 judgments for the 2nd quarter of 2023, after excluding duplicates with the same judgement number (Ex: J-012345). Data as of August 20th, 2023. The total value of all judgments was $51,958,302.
The Department of Industrial Relations records judgments by industry. Construction had the largest number of judgments as a category with 103. This category also had the largest total value of judgments at just over $15 million.
Food service can be categorized under different industries and is a large source of wage claims. Adding together “Full-Service Restaurants”, “Restaurants and Other Eating Places”, “Limited—Service Restaurants” found 138 judgments totaling $3.2 million.
The largest individual Wage Claim Judgment listed was for over $13 million in the Construction industry.
California Wage Claim Judgments 2nd Quarter 2023, By Industry
April, May and June 2023 California Wage Claim Judgments, by Industry, ranked by judgment value (minimum $500,000):
|
2023 Q2 CA Wage Judgments, by Industry |
Sum of Judgment Total |
|
Construction |
$15,004,855 |
|
Framing Contractors |
$7,534,877 |
|
Farm Labor Contractors and Crew Leaders |
$1,880,997 |
|
Architectural, Engineering, and Related Services |
$1,784,779 |
|
Full-Service Restaurants |
$1,772,588 |
|
Cut and Sew Apparel Contractors |
$1,563,459 |
|
Residential Mental Health and Substance Abuse Facilities |
$1,556,615 |
|
Wood Container and Pallet Manufacturing |
$1,162,309 |
|
Motor Vehicle Towing |
$1,108,745 |
|
Restaurants and Other Eating Places |
$1,108,105 |
|
Computer and Computer Peripheral Equipment and Software Merchant Wholesalers |
$1,097,185 |
|
Home Health Care Services |
$1,027,192 |
|
Food Manufacturing |
$931,200 |
|
Apparel Manufacturing |
$791,114 |
|
Cannabis Retail |
$672,828 |
|
Finish Carpentry Contractors |
$500,589 |
2nd Quarter California Wage Claim Judgments, by Industry, ranked by total judgments (minimum: 10):
|
2023 Q2 CA Wage Judgments, by Industry |
Count of Judgments |
|
Construction |
103 |
|
Restaurants and Other Eating Places |
67 |
|
Full-Service Restaurants |
51 |
|
Security Guards and Patrol Services |
35 |
|
Cut and Sew Apparel Contractors |
27 |
|
Cut and Sew Apparel Manufacturing |
25 |
|
Home Health Care Services |
24 |
|
Janitorial Services |
23 |
|
Limited-Service Restaurants |
20 |
|
Apparel Manufacturing |
19 |
|
Foundation, Structure, and Building Exterior Contractors |
18 |
|
Motion Picture and Video Production |
16 |
|
|
15 |
|
Investigation and Security Services |
14 |
|
Couriers and Express Delivery Services |
12 |
|
Engineering Services |
12 |
|
Residential Remodelers |
11 |
|
Plumbing, Heating, and Air-Conditioning Contractors |
10 |
|
Commercial and Institutional Building Construction |
10 |
|
Residential Mental Health and Substance Abuse Facilities |
10 |
|
Drywall and Insultation Contractors |
10 |
California Wage Claim Judgments Q2 2023, By Labor Office
April, May and June California Wage Claim Judgments by Labor Office, by number of judgements and judgement value:
|
2023 Q2 CA Wage Judgments, by DIR Office |
Count of Judgments |
Sum of Judgments |
|
San Bernardino WCA |
200 |
$4,699,425 |
|
Los Angeles WCA |
168 |
$4,652,383 |
|
San Diego WCA |
92 |
$1,361,129 |
|
Long Beach WCA |
88 |
$1,543,391 |
|
Oakland WCA |
75 |
$2,721,892 |
|
Los Angeles GARMENT |
71 |
$2,559,530 |
|
Sacramento WCA |
71 |
$666,615 |
|
Van Nuys WCA |
58 |
$2,766,103 |
|
San Jose WCA |
57 |
$1,017,676 |
|
Santa Ana WCA |
38 |
$852,138 |
|
San Francisco WCA |
22 |
$693,853 |
|
Salinas WCA |
18 |
$238,252 |
|
Sacramento BOFE |
17 |
$963,922 |
|
Santa Ana BOFE |
14 |
$9,784,362 |
|
Santa Barbara WCA |
12 |
$218,204 |
|
San Jose BOFE |
7 |
$74,214 |
|
Fresno BOFE |
6 |
$2,000,949 |
|
Van Nuys BOFE |
5 |
$193,321 |
|
Oakland BOFE |
5 |
$187,005 |
|
Stockton WCA |
4 |
$26,514 |
|
Bakersfield BOFE |
3 |
$192,132 |
|
San Diego BOFE |
3 |
$128,385 |
|
Los Angeles BOFE |
2 |
$13,420,893 |
|
RCI North |
2 |
$60,000 |
|
Sacramento JEU |
2 |
$924,457 |
|
Fresno WCA |
2 |
$5,858 |
|
Salinas BOFE |
2 |
$2,311 |
|
Santa Rosa WCA |
1 |
$3,388 |
Most judgments come from Wage Claim Adjudication (WCA) offices. WCA offices’ investigate claims by workers, including missed overtime, vacation pay, or wages.
The Bureau of Field Enforcement (BOFE) is responsible for enforcement of laws covering worker’s compensation insurance, cash payments, child labor and unlicensed contractors.
Los Angeles Garment office focuses on the local garment industry, which has a history of wage violations. The U.S. Department of Labor recently released the results of their own investigation of the garment industry in Southern California, which resulted in $893,000 in back pay for garment workers.
California Wage Claim Judgments Q2 2023, By Courthouse
April, May and June 2023 California Wage Claim Judgments, by Courthouse, by number of judgements and judgement value:
|
2023 Q2 CA Wage Judgments, by Court |
Count of Judgments |
Sum of Judgments |
|
California Superior Court, County of Los Angeles, Stanley Mosk Courthouse |
369 |
$9,096,367 |
|
California Superior Court, County of San Bernardino, San Bernardino Justice Cntr |
95 |
$1,860,604 |
|
California Superior Court, County of San Diego, Hall of Justice |
87 |
$1,343,497 |
|
California Superior Court, County of Sacramento, Gordon D. Schaber Courthouse |
71 |
$872,478 |
|
California Superior Court, County of Orange, Central Justice Center |
51 |
$23,912,114 |
|
California Superior Court, County of Santa Clara, Downtown Superior Court |
46 |
$664,992 |
|
California Superior Court, County of Alameda, René C. Davidson Courthouse |
38 |
$1,851,434 |
|
California Superior Court, County of Riverside, Southwest Justice Center |
35 |
$375,601 |
|
California Superior Court, County of San Francisco |
28 |
$1,460,906 |
|
California Superior Court, County of San Mateo, Southern Branch: Hall of Justice |
25 |
$584,543 |
|
California Superior Court, County of Alameda, Hayward Hall of Justice |
18 |
$810,167 |
|
California Superior Court, County of Los Angeles, George Deukmejian Courthouse |
18 |
$1,056,678 |
|
California Superior Court, County of Riverside, Riverside Historic Courthouse |
17 |
$1,820,055 |
|
California Superior Court, County of Riverside, Moreno Valley Courthouse |
16 |
$172,420 |
|
California Superior Court, County of Contra Costa, Wakefield Taylor Courthouse |
15 |
$260,869 |
|
California Superior Court, County of Riverside, Palm Springs Courthouse |
14 |
$133,538 |
|
California Superior Court, County of Monterey, Monterey Courthouse |
12 |
$104,809 |
|
California Superior Court, County of Riverside, Corona Courthouse |
11 |
$127,453 |
|
California Superior Court, County of Los Angeles, Alhambra Courthouse |
10 |
$1,792,677 |
|
California Superior Court, County of Fresno – B.F. Sisk Courthouse |
6 |
$1,872,657 |
|
California Superior Court, County of Imperial, El Centro Courthouse |
6 |
$70,806 |
|
California Superior Court, County of San Joaquin, Stockton Courthouse |
4 |
$26,514 |
|
California Superior Court, County of Los Angeles, Van Nuys Courthouse East |
4 |
$265,984 |
|
California Superior Court, County of Santa Barbara, Cook Division |
4 |
$16,438 |
|
California Superior Court, County of El Dorado, Placerville Main Street Branch |
4 |
$11,635 |
|
California Superior Court, County of Santa Barbara, Anacapa Division |
3 |
$59,151 |
|
California Superior Court, County of Los Angeles, Burbank Courthouse |
3 |
$83,596 |
|
California Superior Court, County of Santa Barbara, Lompoc |
2 |
$96,472 |
|
California Superior Court, County of Orange, West Justice Center |
2 |
$142,279 |
|
California Superior Court, County of Yolo, Yolo Superior Court |
2 |
$196,344 |
|
California Superior Court, County of Placer, Placer County Superior Court |
2 |
$9,370 |
|
California Superior Court, County of Ventura, Hall of Justice |
2 |
$42,114 |
|
California Superior Court, County of El Dorado, Cameron Park Branch |
2 |
$4,700 |
|
California Superior Court, County of Madera, Main Courthouse |
2 |
$134,150 |
|
California Superior Court, County of Nevada, Nevada City Courthouse |
2 |
$18,500 |
|
California Superior Court, County of Kern, Metro Division |
2 |
$11,037 |
|
California Superior Court, County of Contra Costa, Walnut Superior Court |
2 |
$7,354 |
|
California Superior Court, County of San Diego, North County |
2 |
$75,212 |
|
California Superior Court, County of San Luis Obispo, Civil & Family Branch |
1 |
$4,030 |
|
Santa Cruz County Recorder |
1 |
$45,275 |
|
Placer County Recorder Office |
1 |
$4,901 |
|
California Superior Court, County of Alameda, George E. McDonald Hall of Justice |
1 |
$20,255 |
|
California Superior Court, County of Tulare, Visalia County Civic Center |
1 |
$181,095 |
|
California Superior Court, County of Los Angeles, Chatsworth Courthouse |
1 |
$51,504 |
|
California Superior Court, County of Napa, Historic Courthouse |
1 |
$3,388 |
|
California Superior Court, County of San Benito, Main Courthouse |
1 |
$9,018 |
|
Santa Clara County Recorder |
1 |
$6,384 |
|
California Superior Court, County of Santa Cruz, Santa Cruz Courthouse |
1 |
$6,055 |
|
California Superior Court, County of Los Angeles, Glendale Courthouse |
1 |
$81,264 |
|
California Superior Court, County of Solano, Old Solano Courthouse |
1 |
$4,225 |
California Wage Claims, Q2 2023
The Department of Industrial Relations (DIR) reported 8,623 new wage claims cases in Q2 of 2023. January to March, or the first quarter, had 7,980 wage claims. Wage claim cases are totaled using the docket open date or date filed, as of data seen on August 20th, 2023.
Employees can report wage claims such as lost wages, unpaid wages, unpaid overtime or commissions to the DIR, or employees can contact an attorney to assist with a claim.
Schneider Wallace specializes in representing large numbers of workers with wage claims, through class actions and private attorney general act (PAGA) claims, and is proud to have represented workers in some of the largest class actions in the state.
Schneider Wallace Cottrell Konecky LLP is a premier California wage attorney law firm, ready to review your claim for free and offer assistance if you were underpaid. Schneider Wallace has recovered millions for California workers and maintains a large practice of employment lawyers investigating wage theft. Contact us at 1-800-689-0024.
Q2 2023 California DIR Wage Claims, by opens April through June, by Industry (50 or more individual claims):
|
CA Wage Claims to DIR, Q2 2023, by Industry |
Count of Claims |
|
Construction |
391 |
|
Restaurants and Other Eating Places |
371 |
|
Security Guards and Patrol Services |
270 |
|
Full-Service Restaurants |
245 |
|
Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services |
228 |
|
Hospitals |
189 |
|
Colleges, Universities, and Professional Schools |
186 |
|
Ambulatory Health Care Services |
150 |
|
Educational Services |
148 |
|
General Medical and Surgical Hospitals |
139 |
|
Couriers and Express Delivery Services |
132 |
|
Truck Transportation |
128 |
|
Professional, Scientific, and Technical Services |
125 |
|
Temporary Help Services |
121 |
|
Arts, Entertainment, and Recreation |
118 |
|
Food Manufacturing |
107 |
|
Employment Placement Agencies |
104 |
|
Home Health Care Services |
84 |
|
Warehousing and Storage |
82 |
|
Nursing and Residential Care Facilities |
77 |
|
Hotels (except Casino Hotels) and Motels |
76 |
|
Supermarkets and Other Grocery Retailers (except Convenience Retailers) |
74 |
|
Public Administration |
72 |
|
Limited-Service Restaurants |
70 |
|
Meat and Meat Product Merchant Wholesalers |
69 |
|
Agriculture |
68 |
|
Janitorial Services |
65 |
|
Elementary and Secondary Schools |
64 |
|
Plumbing, Heating, and Air-Conditioning Contractors |
61 |
|
Nursing Care Facilities (Skilled Nursing Facilities) |
58 |
|
Supermarkets and Other Grocery (except Convenience) Stores |
54 |
Construction lead with 391 wage claim cases opened, just as it did last quarter with 380 claims.
“Restaurants and Other Eating Places” was second in claims by industry, with 371 claims. If “Full Service Restaurants” and “Limited-Service Restaurants” are added as similar job types under different official categories, a total of 686 claims for unpaid wages in Q2 occurred from these restaurant services as a group.
Other industries with frequent wage claims appear on the list including security guards, health care services, hospital staff including nurses, education staff and temp or placement agencies.
Common issues related to under payment of wages include working before or after a shift off the clock, sometimes due to requirements such as bag checks, working during breaks without receiving penalty bonus pay, working during an unpaid lunch without receiving a paid lunch and bonus pay, and misclassification of workers as either temporary without benefits or exempt from overtime.
Failure to Pay Wages, Overtime and Commissions
California state law and federal law regulate payment of minimum wage, overtime and commissions.
Right to pay can be complicated by unique employment relationships, such as independent contractors, tipped workers or commission-based positions. In addition, matters concerning deductions, holidays, meal periods and rest periods often arise.
Legal Consult with Experienced Employment Lawyers
Consult with Schneider Wallace to resolve wage claims and employment disputes. We invite you to schedule a consultation with an employment law attorney in our Bay Area and Los Angeles, California offices.