You spend countless hours of your life at work. If you’re dealing with unpaid wages or benefits, you may understandably be frustrated.
Fortunately, the California Labor Board, formally known as the Department of Labor Standards Enforcement (DLSE) or the Labor Commissioner’s Office, has clear procedures in place to help workers assert their rights.
Employees who believe they’re victims of wage theft may file wage claims with the DLSE. If the DLSE finds a claim has merit, it will work with the claimant and their employer to resolve it. Having skilled legal representation can significantly increase the likelihood of success.
If you’re owed wages and your employer is refusing to cooperate, one of the best things you can do for yourself is to retain an attorney who understands California wage laws. However, it can also be helpful to understand the basics of how to file a wage claim in California.
Overview of Wage Claims in California
The California Labor Code protects the rights of workers. If your employer violates California wage laws, you can file a wage claim with the California Labor Commissioner’s Office. The following are some of the most common reasons California workers file wage claims:
- Being paid less than the state (or locality) minimum wage for hours worked
- Unpaid wages (both regular and overtime)
- Unpaid vacation time or sick leave
- Not receiving your final paycheck after leaving your job
- Not being reimbursed for necessary work expenses
- Not being paid for meal breaks or other breaks your employer ordered you to skip
This list isn’t exhaustive. If your employer isn’t paying you according to the terms of your employment agreement (and California labor law), you have the right to file a wage claim.
If you’re reporting unpaid wages in California or otherwise filing a wage claim, you should first familiarize yourself with the steps involved. Here’s what to know:
- You’ll file your initial claim with your local Division of Labor Standards Enforcement (DLSE) office
- You’ll be notified of the next steps within 30 days
- Cases typically start with an informal conference
- If no agreement is reached, a hearing will be scheduled
- Once the hearing ends, you should receive a decision in about 15 days
- If you disagree with the decision, you may file an appeal in civil court
Employees aren’t required to have legal representation throughout this process. However, wage claim forms in California (as well as the claims process in general) can be difficult to navigate.
Having legal assistance doesn’t guarantee your wage claim will succeed, but the right lawyer will increase your chances of a positive outcome.
Employee Rights Regarding Wages
Before filing unpaid wage complaints, workers should make sure they understand their rights under California law. Here are some of the most significant:
- Non-exempt employees must be paid 1.5 times their normal rate if they work more than eight hours in a day or 40 hours a week
- Workers must have one 10-minute break for every four hours of work, or a major fraction thereof
- For workdays of at least six hours, employees must have a 30-minute lunch break (within five hours of clocking in)
- For workdays longer than 10hours, workers must have a second meal break
- Meal breaks must be paid if the employee can’t leave the worksite
- California’s minimum wage is $16.50 per hour in 2025 (and increasing to $16.90 in 2026), but some cities (and industries) have higher minimum wages
California employers are also required to show employees their pay and personnel records if they request them.
Retaliation Protections for Filing Wage Claims
You shouldn’t have to worry about retaliation from your employer if you decide to take advantage of one of California’s employee remedies for wage theft. Employer retaliation is illegal in all circumstances. Common examples include:
- Firing or demoting you
- Reducing your hours or pay
- Threatening or harassing you
California takes retaliation for filing wage claims very seriously. If your employer has taken action against you after you filed a claim, contact the California Department of Industrial Relations’ Retaliation Complaint Investigation Unit (RCI) right away. Alternatively, you can bring a civil lawsuit against your employer.
Preparing to File a Wage Claim
Before they file wage complaints, employees should take the time to gather some important information, including:
- Their employer’s name and address
- Their direct supervisor’s name
- Any pay stubs they have
- The length of time they’ve been employed and their pay rate
- The amount of compensation they believe they’re owed
- Time sheets or records of hours worked
It’s also advisable to talk to an attorney before pursuing a claim. Legal professionals experienced with California labor law understand large and small business wage claim considerations. Your lawyer will be able to help you put together a strong case.
Statute of Limitations
Understanding the legal deadlines for wage claims is vital. There are several different deadlines for California labor code wage claims:
- One Year: Complaints for bounced checks or failure to grant access to payroll or personnel records
- Two Years: Complaints for violating an oral promise to pay more than minimum wage
- Three Years: Complaints regarding minimum wage, unpaid meal/rest breaks, overtime, sick leave, and illegal deductions
- Four Years: Complaints regarding violations of written contracts
It’s imperative to adhere to these deadlines. If the deadline passes before you file, you may be left without options for remedying the situation.
If you aren’t sure how to file a wage claim, you shouldn’t wait until the statute of limitations is almost up to take action. Work with an attorney who has experience with minimum wage violations in California to put together a compelling claim and make sure it’s filed on time.
Filing Through the Labor Board
Many employees who file wage claims opt to do so through the California Labor Board. The process typically unfolds as follows:
Step 1: Filing the Initial Claim
The process starts when you fill out the initial wage claim form (DLSE Form 1, “Initial Report or Claim“). If you have any of these documents, submit a copy of each:
- Time records of hours worked
- Paychecks/paystubs showing your wages
- Bounced paychecks
- Notice of employment information from your employer
Depending on your circumstances, you may also need to file one or more of the following forms:
- DLSE Form 55 if you’re seeking unpaid wages and work irregular hours
- DLSE Form 155 if your claim has to do with commission pay
- DLSE Vacation Pay Schedule if your claim concerns vacation wages
When you hire an attorney, they can review your claim and verify that you’ve requested all the payment you’re owed for your hours worked. Wage claim forms can be confusing, and even seemingly minor errors could have a detrimental effect on your claim.
Step 2: Awaiting the Deputy Commissioner’s Decision
Once you file your claim, it will be assigned to a Deputy Labor Commissioner. Within 30 days of the filing date, the deputy will notify you and your employer of the next steps. Usually, one of the following actions will be taken:
- The claim will proceed to a conference
- The parties will attend a hearing
- The claim will be dismissed
It isn’t always necessary for the claim to proceed to one of these steps. In many cases, a worker and their employer can informally resolve the claim even before attending a scheduled conference or hearing.
Step 3: Attending a Conference
Generally, the Labor Commissioner will schedule a conference before a hearing, but there are some exceptions. If you and your employer have the opportunity to attend a conference, you can try to resolve the complaint informally.
You and your employer will both need to discuss the claim with the deputy, and you should bring copies of any supporting documentation you didn’t include with your initial claim. However, you don’t need to prove your case or call witnesses.
It’s extremely important to show up at the conference. If you don’t (and there aren’t any extenuating circumstances), your claim will likely be dismissed.
Step 4: Attending a Hearing
If your wage claim can’t be resolved through a conference, the next stage in the complaint process is usually a hearing. Although the hearing isn’t held in a courtroom, it’s a formal proceeding overseen by a hearing officer.
Each party has the following key rights during the hearing process:
- To be represented by an attorney (or another party)
- To testify on their own behalf
- To present evidence
- To call witnesses to testify
- To cross-examine the other side (and the witnesses they call)
- To explain their own evidence
- To rebut evidence presented by the other side
- To have an interpreter present (if needed)
When attending your hearing, you should bring all supporting documents plus two copies, one for the other side and the other for the hearing officer.
You won’t get a verdict right away after the hearing has ended. Instead, the Labor Commissioner will file their response with the DLSE within 15 calendar days. The decision will then be served to you and your employer.
Step 5: Filing an Appeal (if Necessary)
If you disagree with the hearing officer’s decision, you may file an appeal in civil court. Your employer has the right to appeal the decision as well.
Alternatives to the Labor Board
While many employees choose to file California Department of Labor wage claims, there are other options you might consider:
Negotiating With Your Employer
Some (though not all) overtime pay complaints in California can be resolved through negotiation. It’s often worth trying to talk to your employer yourself first. If that doesn’t work, an attorney may be able to help you work out an agreement.
Private Mediation or Arbitration
If you would prefer to work with your own mediators or arbitrators, you may be able to pursue mediation or arbitration outside of the formal complaint process. Mediation involves sitting down with a trained professional to try to reach a decision. It usually isn’t legally binding.
Arbitration, meanwhile, is more formal and is somewhat similar to a civil trial. It tends to be faster and cheaper than litigation, and it’s often legally binding.
Filing a Civil Lawsuit
If your situation is highly complex or you’re dissatisfied with the way the California Labor Board has handled your case, you might choose to file a lawsuit in civil court. Depending on the circumstances, you may be able to recover the wages you’re owed along with certain damages.
Common Mistakes When Filing a Wage Claim in California
Many workers who file wage claims in California make errors that ultimately cost them compensation. Here are some key mistakes to avoid:
- Exaggerating or fabricating details
- Providing incomplete or inaccurate information
- Not providing documentation
- Missing filing deadlines
- Not bringing the problem to your employer’s attention first
- Not understanding California labor law
It’s also important to have your lawyer review any settlement offers you receive before you sign. Some employers truly want to remedy the problem, but others may try to get away with paying less than their employees deserve.
Maximizing Recovery and Protecting Your Rights
The wage claim process in California can be challenging to navigate. At ARCH Legal, we’ve made it our mission to advocate for workers like you. We focus on crafting a strong case founded on solid legal principles and doing all we can to help clients obtain as much compensation as possible.
If you need help recovering unpaid wages in California, are dealing with employer retaliation, or have any other concerns related to California labor law, contact us to schedule a free consultation.
