Where can I report my employer for unpaid overtime wages, no workers comp insurance and hiring illegal workers?

Yes. For the unpaid overtime, you don't need to file a lawsuit. You can file your claim either by mail or in person with the Division of Labor Standards Enforcement (DLSE) office that handles wage claims for the city/location/community where you performed the work. See: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm For the worker's comp claim, you may report an uninsured employer to the nearest office of the Division of Labor Standards Enforcement (www.dir.ca.gov/dlse). The offices are also listed in the state government section of the white pages of your local telephone directory under industrial relations, labor standards enforcement. Failing to have workers' compensation coverage is a criminal offense punishable by either a fine of up to $10,000 or imprisonment in the county jail for up to one year, or both. Additionally, the state issues penalties of up to $100,000 against illegally uninsured employers. If the Division of Labor Standards Enforcement (state labor commissioner) determines an employer is operating without workers' compensation coverage, a stop order will be issued. This order prohibits the use of employee labor until coverage is obtained, and failure to observe it is a misdemeanor punishable by imprisonment in the county jail for up to 60 days, or by a fine of up to $10,000, or both. The Division of Labor Standards Enforcement will also assess a penalty of $1,000 per employee on the payroll at the time the stop order is issued and served, up to $100,000 (Labor Code section 3722(a)). Additionally, if an injured worker files a workers' compensation claim that goes before the Workers’ Compensation Appeals Board and a judge finds the employer had not secured insurance as required by law, when the dispute is resolved the uninsured employer may be assessed a penalty of $10,000 per employee on the payroll at the time of injury if the worker's case was found to be compensable, or $2,000 per employee on the payroll at the time of injury if the worker's case was non-compensable, up to a maximum of $100,000 [Labor Code section 3722(b)]. You should be aware that workers’ compensation benefits are normally the exclusive remedy for injuries suffered on the job when the employer is properly insured. However, if the employer is illegally uninsured and an employee gets sick or hurt because of work, that employee can file a civil action against the employer in addition to filing a workers’ compensation claim. The Uninsured Employer's Benefit Trust Fund (UEBTF) is a special unit within the Division of Workers' Compensation that may pay benefits to injured workers who get hurt or ill while working for an illegally uninsured employer. The UEBTF pursues reimbursement of expenditures from the responsible employer through all available avenues, including filing liens against their property.

You also asked about unpaid overtime wages. The Labor Code requires that the employer pay time and one-half for working more than 8 hours in a day or 40 hours in a week and double time over twelve hours in a day. This applies to "non=exempt" employees, i.e. those who are not subject to Executive, Administrative or Professional exemptions from the wage/hour laws as established by the Industrial Welfare Commission. If you are a non-exempt employee, you would be entitled to all unpaid wages and penalties. If your employer did not provide you with rest and meal periods as required by the Labor Code, you may be entitled to additional compensation and penalties. If your employer did not give you, at least semi-monthly, a payroll checkstub or other document detailing the employer's name and address, your total hours worked, the pay period covered, rate of pay and number of hours worked at each rate, gross and net pay, all deductions, your name and the last four numbers of your Social Security Number you would be entitled to additional penalties. Failing to provide the required information to you could result in the employer being assessed civil penalties, by the Labor Commissioner, of $250.00 per employee, per violation for a first citation and $1000.00 per employee for each subsequent violation. You also would have the right to file a civil action against the employer. In addition to all of the above listed items you may be entitled to recover, the law also provides that you may recover attorney fees when/if you win.

Yes, your employer can be held liable criminally and civilly, however, criminal prosecutions are fairly rare because of a lack of state manpower. Civilly, there are numerous tools the law provides employees that have not been paid wages or injured without workers compensation insurance. These tools allow workers to act on behalf of the state in some instances to enforce the wage laws and to secure greater damages than normal when there is no insurance.