Filing a Labor Commissioner wage claim, step by step

What this process is for

Unpaid wages, unpaid overtime, meal and rest break premiums, unreimbursed business expenses and waiting time penalties. It is an administrative process through the Labor Commissioner's Office (the Division of Labor Standards Enforcement) rather than a court case, and California's labor laws protect workers regardless of immigration status. The office does not handle claims by genuine independent contractors, but if you believe you were misclassified you can file, and the office may decide that question.

It costs nothing to file, you can represent yourself, and your employer can be ordered to pay. The main cost is time — the process runs in months rather than weeks.

File on time. The Labor Commissioner lists these deadlines: one year for penalties for a bounced paycheck or for failing to provide payroll or personnel records; two years for an oral promise to pay more than minimum wage; three years for minimum wage, overtime, meal and rest break premiums, sick leave, illegal deductions and unreimbursed expenses; and four years for a written contract (Labor Commissioner: How to file a wage claim).

The sequence

You file a claim — online, by email, by mail or in person. The office reviews it and, in most cases, schedules a settlement conference, an informal meeting where a deputy tries to resolve it. If that fails, the matter proceeds to a hearing (often called a Berman hearing) before a hearing officer, which is more formal than the conference but intended to be far less formal than court (Labor Code § 98(a)). The hearing officer then issues an Order, Decision or Award.

Either side can appeal that decision to the Superior Court within 10 days of service (extended when served by mail), where the case is heard anew. An employer that appeals must first post a bond or cash deposit for the full amount of the award, and a party who appeals unsuccessfully pays the other side's costs and reasonable attorney's fees — an employee counts as successful if the court awards any amount above zero (Labor Code § 98.2).

What decides these claims

Records. Yours if you have them, the employer's if you do not. Employers are required to keep payroll records showing hours worked daily and wages paid for at least three years, and may not stop you from keeping your own record of your hours (Labor Code § 1174(d)). Where the employer's records are missing or inaccurate, a reasonable and consistent estimate by the employee can carry real weight.

This is the practical reason to write down what you remember now: pay stubs, schedules, texts about shifts, anything showing hours actually worked.

1. Gather what you have

   Pay stubs, schedules, time records, any written communication about hours or pay, and your employer's exact name and address.

2. Work out the amounts

   Separate by category — regular wages, overtime, break premiums, expenses, waiting time. The estimator helps structure this.

3. File the claim

   With the Labor Commissioner's Office — online, by email, by mail or in person. Forms (in several languages) and office locations are on its wage claim page.

4. Prepare for the settlement conference

   Bring organized copies. Know your figures and the lowest settlement you would accept.

5. If it proceeds to hearing

   Testimony is taken under oath. Documents matter more than argument.

Common questions

Official sources

• primary (agency): DLSE How to File a Wage Claim – filing methods, process, deadlines
• Berman hearing authority
• appeal, undertaking, fees
• retaliation
• retaliation complaint deadline
• recordkeeping