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How to report a labor law violation with the Bureau of Field Enforcement (BOFE)What is a BOFE labor law violation?
An employee or former employee may report a labor law violation with the Division of Labor Standards Enforcement's (DLSE) Bureau of Field Enforcement (BOFE) about 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.
- Failure by an employer to provide adequate break time and/or location to express milk. Labor Code section 1030.
A report to BOFE is appropriate for a widespread violation of workplace laws that affects all or a group of employees working for the employer.
- A report based on an oral agreementmust be filed within two years from the date of the violation(s).
- A report based on a written agreement must be filed within four years from the date of the violation(s).
- A report in which a law or regulation creates a liability (e.g., minimum wage, overtime, etc.) must be filed withinthree years from the date of the violation(s).
Once you have signed, dated, and submitted your Report of Labor Law Violation form, it will be evaluated and, if appropriate for investigation, will be assigned to an investigator. You may be contacted for additional information. An investigation usually involves 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.
Additional information for workers on the BOFE investigation process is available in the following languages:
Download, complete, and print the Report of Labor Law Violation (BOFE 1 - Rev.11.12)
File your Report of Labor Law Violation by mail or in person with the Division of Labor Standards Enforcement office that handles labor law violation to BOFE 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 BOFE 1 cannot be filed electronically or by fax. If your internet browser supports email of pages, DO NOT use this feature to submit your BOFE 1 as an original signature is required. You MUST print and either mail or hand-deliver your completed and signed BOFE 1 to the DLSE office that handles reports for the city/location where the work was performed or the violation occurred.
If you do not already have Adobe Acrobat installed on your computer, you should download the free Acrobat Reader from Adobe's web site at www.adobe.com, download instructions are available on the Adobe web site. Once you have downloaded the Acrobat Reader you can view PDF documents in your web browser if it supports plug-ins, or if it does not support plug-ins, you can save the file(s) to your hard drive and view them by opening them in Acrobat Reader.