What is the process for reporting an employer who is paying less than the current local minimum wage in my California city or county?

To report an employer for paying less than the local minimum wage, you must gather your pay records and file a formal wage claim with the California Labor Commissioner's Office. The process is free, and your employer cannot legally retaliate against you for filing a claim. Here is the step-by-step process for reporting your employer: Step 1: Confirm the Correct Minimum Wage and Gather Evidence First, verify the specific minimum wage for the city or county where you work, as it is often higher than the state rate. You can find this on your city or county's official government website. Next, collect all relevant documents, including pay stubs, timecards, bank statements showing direct deposits, and any personal logs of hours you worked. Step 2: Calculate What You Are Owed Calculate the difference between the wages you received and the wages you should have earned under the correct local minimum wage. Total this amount for each pay period you were underpaid. This calculation will be required for your claim form. Step 3: File a Wage Claim with the Labor Commissioner File a "Claim for Unpaid Wages" (Form 1) with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner's Office. You can download the form from the DLSE website and submit it online, by mail, or in person at a local office. There is no fee to file. Step 4: Participate in the Claim Process After you file, the Labor Commissioner's Office will schedule a settlement conference with you and your employer to try and resolve the issue. If no agreement is reached, your case may proceed to a "Berman Hearing," which is a more formal proceeding where a hearing officer will make a final decision. Important Details: You generally have three years from the date the wages were due to file a claim for unpaid minimum wage. It is illegal under California Labor Code section 98.6 for your employer to fire, demote, or otherwise retaliate against you for filing a wage claim or reporting a labor law violation. Some cities, like Los Angeles and San Francisco, have their own local labor standards enforcement offices that can also handle these claims. Warnings and Limitations: The process can take several months to a year to complete. Having clear and organized documentation is critical to proving your claim. Without records like pay stubs or timesheets, it can be more difficult to establish the violation. This is general information and does not constitute legal advice. For complex situations, or if your employer challenges your claim, you should consult with a qualified California 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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