How to File a Wage Claim with the California Labor Commissioner (DLSE)

The "labor board" for unpaid wages in California is the Labor Commissioner's Office, also called the Division of Labor Standards Enforcement (DLSE). To file a wage claim, complete DLSE Form 1, the Initial Report or Claim, and file it online, by email, by mail or in person, with copies of your pay stubs. Within 30 days of filing, the office must tell both sides whether a hearing will be held.

At a glance

• You start with DLSE Form 1. You do not need your own time records, and you send copies, never originals.
• Missing the settlement conference or the hearing can get your claim dismissed.
• Either side can appeal the decision, but the window is short, and an employer must first post a bond equal to the award.
• Most unpaid-wage claims, including minimum wage and overtime, must be filed within three years.
• Punishing you for filing is illegal retaliation, with its own one-year complaint deadline.

Which "labor board" handles unpaid wages in California?

If your problem is pay you never received, you want the Labor Commissioner's Office. Its brochure says it is "also called the Division of Labor Standards Enforcement (DLSE)", and it is the state agency that decides claims for unpaid wages.

Other boards handle other problems. PERB deals with bargaining for public-sector unions, and the NLRB deals with federal union rights. A discrimination complaint goes to the Civil Rights Department (CRD) (formerly DFEH).

Who can file a wage claim with the Labor Commissioner?

If you were an employee, you can file. Labor Code 98(a) lets the Labor Commissioner hear claims for wages, penalties and other compensation you are owed. Three groups need a closer look:

• Independent contractors. The office cannot decide claims by independent contractors. If you think your employer wrongly labeled you a contractor, file anyway: the office may hold a hearing to decide whether you were misclassified.
• Public employees and union members. If you work for a public agency, the office's power over your claim is limited. If you are a union member covered by a union contract (a collective bargaining agreement), it sometimes cannot hear your claim.
• Garment workers. You file under a separate law, the Garment Worker Protection Act.

The office says labor laws protect all workers regardless of immigration status. And under Labor Code 1171.5, "immigration status is irrelevant to the issue of liability", which means it has no bearing on whether your employer owes you.

What should I gather before I file?

Start with who you worked for. You will need the name and address of the company or person you worked for. If you can't find a company name, you could write down a license plate number from their vehicle. Write down your supervisors' and managers' names too, since they can sometimes be held responsible in addition to the employer.

Then collect copies of your paychecks and pay stubs, any bounced checks, the Labor Code 2810.5 notice of employment information if you got one, and any union contract. Send copies only. Keep your originals. If you worked unrecorded hours, see our guide to working off the clock in California.

The claim itself is DLSE Form 1. Add a worksheet if one fits your situation:

• DLSE-55, the computation worksheet, if your hours were irregular.
• DLSE-155, the Commission Summary, if you are owed commissions.
• The Vacation Pay Schedule, if you are owed vacation pay.
• The Schedule of Expenses, for work costs never paid back. Our Labor Code 2802 guide explains those.

How do I file a wage claim: online, by email, by mail or in person?

The Labor Commissioner's How to File a Wage Claim page gives you four ways to file:

• Online, through the "File Wage or Garment Claim Online" button. You need an account first, so new users create one with a user name and password.
• By email.
• By mail. Download the claim form, fill it in, print it, attach your documents and mail it.
• In person at a Labor Commissioner's Office.

Use that online button for a wage claim only. The office says not to use it for PAGA, retaliation, public works or any other type of claim.

If you need help filing, visit or call a Labor Commissioner's Office location near you. For general information, DIR lists 833-LCO-INFO (833-526-4636). The office lists online, email, mail and in person as the ways to file.

What happens after I file?

The 30-day and 90-day limits come from Labor Code 98(a). The same section lets the Labor Commissioner postpone or allow more time before setting a hearing. Treat 90 days as the law's target. It is not a promise about your date. A complex claim involving many employees will usually go to DLSE's Bureau of Field Enforcement for investigation instead.

The settlement conference

If your claim goes to a conference, three rules protect you:

• Show up. If you miss the conference, your claim will be dismissed unless you can show good cause.
• You can talk to the deputy alone. You have the right to speak privately with the deputy labor commissioner at any point during the conference.
• Sign only the office's form. The office will only enforce settlements signed on its own forms, so do not sign a paper your employer brings.

Settling is a trade-off. A settlement offer may be less than the wages and penalties you are owed. But if you do not settle, your employer could file for bankruptcy or close before you receive any payments.

What happens at the wage claim hearing?

The hearing is informal, but it is legally binding. It is recorded, and you and your employer both testify under oath. To prepare:

• You may bring an attorney or anyone else you choose to represent you, and an interpreter if you need one.
• To make a witness attend, ask for a subpoena on form DLSE 564 at least 15 business days ahead. You pay the costs of serving it, plus witness fees and mileage.
• Bring your originals plus copies for yourself, the hearing officer and each employer named in your claim.

If you miss the hearing, your case will be dismissed. If your employer skips it, Labor Code 98(f) says "no default shall be taken", which means your employer does not lose automatically. Instead, the hearing officer hears your evidence and decides the claim on it.

Unpaid wages in the written award carry interest from the date they were due.

Ready to talk it through?

If you are weighing whether to file, settle or go to court, a lawyer can go through your pay records and dates with you. Tell us what happened.

What if my employer appeals, or just doesn't pay?

The appeal window is short. Labor Code 98.2(a) allows an appeal to superior court within 10 days after service of the ODA, extended when it is served by mail. The Labor Commissioner's Office says: "The appeal must be filed within 15 days from the date on the certification of service by mail (or 20 days if the ODA was served to an address out of state)". Go by the date on your own notice. The court then hears the whole case again from the start (the legal term is de novo).

An employer must secure the award first. Under 98.2(b), "an employer shall first post an undertaking with the reviewing court in the amount of the order, decision, or award". The employer has to put up a bond from a licensed surety or a cash deposit covering the award. If the employer then fails to pay within 10 days of the judgment, the bond or deposit is forfeited to you, up to the amount you are owed. A worker who appeals posts no bond.

Losing an appeal costs the side that appealed. Under 98.2(c), if the side that appeals is unsuccessful, the court assesses the other side's costs and reasonable attorney's fees for the appeal against it. For a worker who appeals, the statute defines success: "An employee is successful if the court awards an amount greater than zero." If your employer appeals and you qualify as a low-income worker, you can ask for free representation by a Labor Commissioner attorney on forms DLSE 553 and DLSE 554. Under Labor Code 98.4(a), if you ask and are financially unable to afford a lawyer, the Labor Commissioner may represent you on the appeal. If you are also only defending the award and not objecting to any part of it, the Labor Commissioner "shall represent" you.

No appeal means a court judgment. If neither side appeals in time, the decision becomes final and can be enforced like a court judgment.

If the employer still does not pay:

• The Labor Commissioner's Judgment Enforcement Unit helps workers collect unpaid wages by enforcing judgments.
• The Labor Commissioner can record a lien (a legal claim) on land or buildings the employer owns, which lasts up to 10 years.
• Under Labor Code 238, if a final wage judgment stays unpaid 30 days after the time to appeal runs out, and no appeal is pending, the employer may not keep doing business in California unless it posts a bond. The minimum bond is $50,000 where no more than $5,000 is unpaid, and higher above that.
• You may only collect from the exact person or business named in the judgment, so get the employer's legal name right at the start. You can also recover the fees and costs of collecting.

SB 261 amended Labor Code 98.2 effective January 1, 2026. Our SB 261 guide covers its triple penalties for unpaid wage judgments.

How long do I have to file a wage claim?

For most unpaid wages, including minimum wage, overtime, and meal and rest breaks, you have three years. Some penalty claims have one year, and a claim on a written contract has four. The full breakdown is in our wage theft deadline table. Waiting time penalties for a late final paycheck follow the deadline for the underlying wages (see our final paycheck guide).

Deadlines can run early, and working out which one applies is not always simple. If you are close to any of these limits, tell us what happened before the date passes.

Can my employer retaliate against me for filing?

No. Under Labor Code 98.6, your employer cannot fire you or punish you in any other way for filing a claim, or for complaining, in writing or out loud, that you are owed unpaid wages. If your employer takes action against you within 90 days of that complaint, the law presumes it was retaliation unless your employer can show otherwise. Remedies include getting your job back (reinstatement), lost pay, and a civil penalty of up to $10,000 per employee for each violation, paid to you.

Under Labor Code 244(b), it is also retaliation for your employer to report, or threaten to report, your "suspected citizenship or immigration status", or a family member's, because you used a right the Labor Code gives you.

A retaliation complaint has its own clock. You "may file a complaint with the division within one year after the occurrence of the violation", which can be extended for good cause. The division here is the Labor Commissioner's Office. File it separately from your wage claim.

Should I file a wage claim or a lawsuit?

For most employees, both routes are open: you do not have to file with the Labor Commissioner before you sue, and which route fits depends on your claim and on whether you want to hire a lawyer. Labor Code 244(a) says you are not required to go through an agency's process before suing under the Labor Code, unless the specific section you sue under requires it.

The two routes differ on lawyers and fees. You can file a wage claim with the Labor Commissioner on your own, without a lawyer. In a lawsuit for unpaid minimum wage or overtime, Labor Code 1194 lets you recover the unpaid wages, interest, reasonable attorney's fees and court costs.

Our wage theft guide compares the two routes side by side, and our unpaid wages lawyer page explains how the firm handles these cases.

Frequently asked questions

How do I file a complaint against my employer for unpaid wages in California?

File a wage claim with the Labor Commissioner's Office on DLSE Form 1, online, by email, by mail or in person. Send copies of your pay stubs, never originals. Within 30 days of filing, the office must tell both sides whether a hearing will be held. Discrimination complaints go to the Civil Rights Department (CRD) instead.

What is the California labor board complaint phone number?

DIR lists 833-LCO-INFO (833-526-4636) for general information on the laws the Labor Commissioner's Office enforces. The office lists online, email, mail and in person as the ways to file a wage claim. If you need help filing, DIR says you can visit or call a Labor Commissioner's Office location near you.

Can I file a wage claim anonymously?

No. A wage claim asks for your own wages, so it names you, and your employer is served with it and may answer. A Report of Labor Law Violation is a different filing, and it is not a wage claim. If a report is selected for investigation, the office keeps it confidential to the maximum extent possible under the law. If you are also seeking unpaid wages, DIR says to file a wage claim as well.

How long does a California wage claim take?

We can't give you a reliable average, and we won't guess. The law sets two checkpoints: notice within 30 days of filing on whether a hearing will be held, and a hearing within 90 days of that decision, which the Labor Commissioner can postpone.

Does it cost anything to file a wage claim?

Filing is free. Costs can come later: if you request a subpoena, you pay to serve it, plus witness fees and mileage, and whoever appeals to superior court pays the court's first filing fee. An employer that appeals must first post a bond or cash deposit equal to the full award, and whichever side appeals and is unsuccessful pays the other side's appeal costs and reasonable attorney's fees.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: September 30, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.