Work & Employment · Claims and complaints
How a wage claim with the Labor Commissioner works
In this guide
- Workers can file a wage claim with the Labor Commissioner at no cost, regardless of immigration status.
- Most claims go to a settlement conference, and unresolved claims go to a hearing.
- Claims for wages owed under California law generally must be filed within three years.
Who handles wage claims
The Labor Commissioner’s Office (Division of Labor Standards Enforcement) investigates and decides claims for unpaid wages, overtime, missed break premiums, final pay penalties, and similar amounts. Filing is free, and workers can file regardless of immigration status.
How the process generally works
- Claim form. The worker files an initial report or claim with supporting information such as dates, pay rates and hours.
- Conference. A deputy labor commissioner holds a settlement conference with the worker and employer.
- Hearing. If the claim doesn’t settle, a hearing officer takes evidence and issues a written decision.
- Appeal or judgment. Either side can appeal to superior court. An unappealed award can be entered as a court judgment.
Common time limits
- Wages owed under state law (such as minimum wage and overtime): 3 years
- Claims based on a written contract: 4 years
- Claims based on an oral agreement: 2 years
Other routes
Workers can also file wage claims in court, including small claims for amounts within its limit. The Labor Commissioner’s Bureau of Field Enforcement investigates broader workplace violations, and the office also takes retaliation complaints.
Common questions
Does an employer learn about the claim?
Yes. The employer receives notice and can respond. California law prohibits retaliation for filing a wage claim.
Official sources for this guide
Keep reading