My response:
What link ?
The Division of Labor Standards Enforcement must investigate any complaint as to the payment of less than the minimum wage, and take proceedings necessary to enforce the payment of the minimum wage. [Lab C §1195] There is a civil penalty for payment of a wage less than the legal minimum, for which the Labor Commissioner may issue a citation; the employer may then contest the citation at an informal hearing. [Lab C §1197.1]
If an employer generally fails to pay wages, the Labor Commissioner may recover a civil penalty as part of a hearing held to recover unpaid wages and penalties. [Lab C §210]
The Labor Commissioner has authority to investigate employee complaints and may provide for a hearing, where an employee seeks to recover wages, penalties, and other demands for compensation, including claims involving payroll checks or drafts returned unpaid because of insufficient funds. If the employer fails to appear, no default may be taken, but the Labor Commissioner must hear the evidence and issue an order, decision, or award. If the claim was filed against an employer doing business under a fictitious business name, the order, decision, or award generally may be amended to conform to the legal name of the business or the person who is the defendant to the wage claim. [Lab C §98]
The award will include any sums found owing, damages proved, and any penalties awarded. [Lab C §98.1]
The DLSE publishes a booklet entitled "Policies and Procedures for Wage Claim Processing" which explains the procedures involved in a wage claim proceeding, including filing the complaint, types of hearings, and appeal of an order. The booklet is available from the DLSE.
IAAL
