How to file a claim with the Bureau of Field Enforcement (BOFE)

What is a BOFE claim?

An employee or former employee may file a claim ( English Spanish Chinese Korean Vietnamese Tagalog) with the Division of Labor Standards Enforcement's (DLSE) Bureau of Field Enforcement (BOFE) to report the following:

• Violations by an employer of any of the Industrial Welfare Commission Orders respecting payment of the minimum wage, payment of overtime, failure to give meal and/or rest periods, reimbursement for uniforms, payroll record keeping, and cash shortages.
• Violations by an employer of California's child labor laws.
• Failure by an employer to carry workers' compensation insurance. Labor Code Section 3700
• Failure by an employer to provide an itemized wage statement at the time of payment of wages. Labor Code Section 226
• Violations of the laws and regulations relating to the business of garment manufacturing. Labor Code Section 2675 et seq.
• Violations of the laws and regulations respecting farm labor contractors. Labor Code Section 1682 et seq.
• Violations of the laws and regulations relating to the employment of workers by unlicensed contractors and the utilization of unlicensed contractors and other persons who are not valid independent contractors by licensed contractors. Labor Code Section 1020 et seq.

A BOFE claim is generally filed against an employer for violations that are applicable to all or a group of employees.

What is the time period for filing a BOFE claim?

• A claim based on an oral agreement must be filed within two years from the date the claim arose.
• A claim based on a written agreement must be filed within four years from the date the claim arose.
• A claim in which a law or regulation creates a liability (e.g., minimum wage, overtime, etc.) must be filed within three years from the date the claim arose.

What are the policies and procedures for processing a BOFE claim?

Once you have submitted your completed, signed and dated claim form, the claim will be assigned for investigation. An investigator will contact you should additional information be required. A BOFE claim usually requires that an investigator conduct an on-site inspection of the employer's business to determine whether violations exist. The Division of Labor Standards Enforcement will require an employer to cease any violations of the law that are under its jurisdiction, and criminal or civil citations may be issued for any such violations that are found. Additionally, the Division of Labor Standards Enforcement will require the back payment of the minimum wage or overtime wages when those wages were not paid in accordance with the law.

How do I file a BOFE claim?

• Download, complete, and print the Initial Report or Claim, DLSE Form 1 ( English Spanish Chinese Korean Vietnamese Tagalog).
  Please be sure to provide all information on the claim form to avoid delay in the claim process.

• Please be sure to sign and date your claim form.

• Copies of any documents you have to support your claim should be attached to the claim form. Please DO NOT send originals as they may be lost, damaged, or misplaced.

Where do I file my BOFE claim?

File your claim either by mail or in person with the Division of Labor Standards Enforcement office that handles BOFE claims for the city/location where the work was performed or the violation occurred. To locate such office, click here for the alphabetical listing of cities/locations.

The claim form CANNOT be filed electronically or by fax. If your internet browser supports email of pages, DO NOT use this feature to submit your claim form as an original signature is required. You MUST print and either mail or hand-deliver your completed and signed claim form to the DLSE office that handles BOFE claims for the city/location where the work was performed or the violation occurred.

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