What to Expect After You File a Wage Claim in California

If your employer owes you unpaid wages, you may want to file a wage claim with the California Division of Labor Standards Enforcement (DLSE), which is part of the state's Department of Industrial Relations.

In a wage claim, you can collect wages that your employer failed to pay, for things like overtime, commissions and bonuses, travel time, business expenses, meal and rest breaks, unauthorized deductions from your paycheck, and delays in providing your final paycheck.

To find out whether you have grounds for a wage claim, and how much you might receive, select your state from the list at Wage and Hour Laws by State.

First Steps

To initiate your claim, you must file an "Initial Report or Claim" (Form 1) with the DLSE. You can find the form, along with instructions, at the DLSE's How to File a Wage Claim page. The DLSE website also provides helpful information on what documents to attach, where to file, and more.

After you file your claim, it will be assigned to a Deputy Labor Commissioner. The Commissioner will make an initial decision as to whether your claim should be dismissed, assigned to a settlement conference, or scheduled for a hearing.

A claim will be dismissed if the DLSE has no authority to hear the allegations (for example, because your claim alleges discrimination rather than unpaid wages). You will be notified if your case is dismissed.

If your case is referred to either a conference or a hearing (or in many cases, both), you should receive a notice with that information within 30 days of filing the claim.

Settlement Conference

The purpose of a conference is to try to resolve your claims informally, without holding a hearing. At the conference, the Deputy Labor Commissioner will talk to you and your employer to find out whether a settlement is possible.

The Commissioner can't force you and your employer to settle the claim. If you don't reach an agreement, the claim will either be referred to a hearing or dismissed (if the DLSE decides it has no authority to hear it).

If your employer doesn't appear at the conference, your claim will likely be referred to a hearing. However, if you don't appear at the conference, your claim will likely be dismissed, unless you have good cause for missing it.

What Happens at a Settlement Conference?

The conference may start out with all of you meeting in the same room to discuss the issues in dispute. The labor commissioner will then put you and your employer into separate rooms, and go back and forth to discuss the issues and communicate settlement offers. The process usually takes at least a couple of hours, unless it's clear that you can't reach a settlement agreement.

The settlement conference is not an evidentiary hearing, so you don't need to bring any witnesses to testify. However, you should bring copies of any documents you have in support of your claim.

You should also come prepared with an idea of how much you are entitled to under the law—including unpaid wages and penalties—and what you are willing to settle for. (For more information on this topic, see What's Your Unpaid Wage Claim Worth in California?)

Evidentiary Hearing

If you and your employer can't reach an agreement at the settlement conference, your case will be scheduled for an evidentiary hearing. The hearing will take place at the DLSE's offices, in a labor commissioner's office or a conference room. A hearing is kind of like a trial, only much less formal.

What Happens at an Evidentiary Hearing?

The hearing usually begins with an opening statement from the labor commissioner. After that, you will have an opportunity to present your case. The labor commissioner may also ask you questions throughout this time to clarify things.

You should bring three sets of all of your documents (including originals)—one for you to reference, one to submit as evidence to the labor commissioner, and one for your employer.

You have the right to be represented by an attorney at the hearing, as does your employer. If you don't show up for your hearing, the Commissioner will probably dismiss your claim unless you have a very good reason for missing it.

You should also bring any witnesses who can support your claim. For example, if you are claiming that your employer owes you unpaid tips, you could bring a coworker who will testify that your employer routinely kept tips left by customers.

Once you are done presenting your evidence, your employer will have a chance to present its defense. Your employer might submit documents or bring witnesses to testify, such as a supervisor who set your hourly rate of pay.

You will have an opportunity to question these witnesses as well, so come prepared with a list of questions. You should also make notes as the witnesses testify, which you can reference when it's time for you to question them.

The Labor Commissioner will review all of the evidence and mail a written decision to you and your employer, usually within a few weeks. The decision will state whether you're entitled to payment from your employer, and if so, when payment is due. If you're not happy with the decision, you have the right to appeal. Be sure to read the decision carefully, as the deadlines for filing an appeal are very short (typically within 10 days).

Appeals

If you lose at the hearing stage or you believe you should have been awarded more money, you may file an appeal with the California Superior Court. You have only ten days to appeal the decision. The decision will explain how, when, and where to file an appeal.

Do I Need a Lawyer?

You are allowed, but not required, to have an attorney represent you at any stage of the wage claim process. The process is designed to be accessible to workers, so in many cases, it may be worthwhile to represent yourself. This is especially true if your claim is small or very straightforward—for example, if you are claiming only a few weeks' worth of overtime pay or your only claim is for clearly unauthorized deductions.

However, if you have a large or complicated claim—for example, you are claiming minimum wage or overtime violations over the span of many months—you should consider hiring a lawyer. This is especially true if your employer is claiming that you are an independent contractor or exempt employee who is not entitled to minimum wage or overtime, as these issues can become very complicated. For more on this topic, see Unpaid Wages: Do You Need a Lawyer?