How do I file a wage claim with the California Labor Commissioner's Office for unpaid wages?

To file a wage claim for unpaid wages, you must complete and submit a claim form to the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). The process is free and does not require an attorney, although you may hire one. Here is a step-by-step guide to the process: Step 1: Gather Your Documents Collect all records related to your employment and wages. This includes pay stubs, timecards, an offer letter or employment contract, bank statements, and any emails or text messages with your employer about your hours or pay. Accurate records are crucial to proving your claim. Step 2: Complete the Claim Form Download and fill out the "Initial Report or Claim" form (also called Form 1) from the DLSE website. Be as detailed and accurate as possible. You will need to calculate all wages you believe you are owed, including unpaid regular wages, overtime, and missed meal or rest break premiums. Step 3: File Your Claim Promptly You must file your claim before the deadline, known as the statute of limitations. This is typically two years for an oral agreement and three years for most wage violations. You can file your completed form online, by mail, or in person at the local DLSE office that has jurisdiction over your former workplace. Step 4: Participate in the Settlement Conference After your claim is processed, the DLSE will schedule a settlement conference. A Deputy Labor Commissioner will act as a neutral mediator to help you and your employer try to reach an agreement. You must attend this conference. Step 5: Prepare for a Hearing If you cannot reach a settlement, the DLSE will schedule a formal hearing. This is like a mini-trial where you and your employer will present evidence and testimony before a Hearing Officer, who will issue a final decision. Important Details: Your employer cannot legally retaliate against you for filing a wage claim. If your employer did not pay you all your final wages on time, you might also be entitled to "waiting time penalties" under Labor Code section 203, which can equal up to 30 days of your average daily pay. Warnings and Limitations: The DLSE process can be very slow, sometimes taking a year or more to complete. The deadlines for filing are strict; if you miss the deadline, you may lose your right to recover your wages. This is general information and does not constitute legal advice. For complex situations, such as those involving multiple employees or significant disputes over facts, you should consult with a qualified California employment attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Employment Law

Worker rights, wages, and employment regulations

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