How to File a Wage Claim with the California Labor Commissioner

If your employer has failed to pay you the wages you are owed, you may be entitled to file a wage claim with the California Labor Commissioner. This legal process helps employees recover unpaid wages, including minimum wage violations, unpaid overtime, missed meal and rest breaks, and unauthorized deductions.

Step 1: Gather Documentation

Before filing a claim, collect any documentation that supports your case. This may include:

• Pay stubs and time records
• Work schedules or calendars
• Written communications with your employer
• Employment agreements or handbooks
• Witness statements, if available

Step 2: Complete the Initial Report or Claim (DLSE Form 1)

To initiate your wage claim, you must complete and submit the Initial Report or Claim form (DLSE Form 1). This form asks for information such as your employer’s name and address, your work schedule, rate of pay, and a detailed account of the wage violations.

Step 3: Submit Your Claim

You can submit your claim form and supporting documents:

• In person at a local Labor Commissioner’s Office
• By mail to the appropriate office location
• Online through the Department of Industrial Relations website

Step 4: Await Review and Conference

After submission, the Labor Commissioner’s Office will review your claim and determine whether to hold a settlement conference. At this conference, both you and your employer will be encouraged to resolve the dispute without a hearing.

Step 5: Attend a Hearing, If Necessary

If a settlement is not reached, a formal hearing may be scheduled. You’ll need to present your evidence, and the employer will have the chance to respond. A hearing officer will then issue a decision, which may award you back wages, penalties, and interest.

Step 6: Enforce Your Award

If your employer refuses to pay the amount ordered, you can take steps to enforce the award, including requesting a judgment in civil court. The Labor Commissioner’s Office can assist with collection in certain cases.

Time Limit to File

You generally have up to three years to file a wage claim for most violations, such as unpaid wages or overtime. However, it’s best to file as soon as possible to preserve evidence and increase your chances of recovery.

Consult with an Employment Attorney

While filing a claim is designed to be employee-friendly, legal representation can increase your chances of success—especially in complex cases. If you are unsure about your rights or need help navigating the process, speak with an experienced employment law attorney in California.