- QUESTIONS AND
- REPORT A PROBLEM.
File a wage claim in person:
The best way to recover your unpaid wages is to gather the facts about your employment situation, fill out a claim form and take it in to the Labor Commissioner's Office closest to your workplace, along with records that help to show the problem or violation.
Make sure to file your claim within the deadline:
File a wage claim by mail:
If you are unable to go in-person to a Labor Commissioner office, complete and sign a wage claim form, and mail in the original. Keep a copy of the claim for your records.
What happens next
After you file the wage claim, you and your employer will be notified by mail about the next steps of your claim. Update the Deputy Labor Commissioner assigned to your claim in writing of any change in your address or phone number.
You must attend the settlement conference and hearing or your claim may be dismissed. If you are unable to attend the conference in person, you may be able to participate by phone by making prior arrangements with your assigned Deputy Labor Commissioner.
A settlement conference will be scheduled for most claims. During this conference, a Deputy Labor Commissioner will try to help you and your employer reach a settlement agreement for the payment of your claim. At any point during the conference you may ask to speak with the Deputy Labor Commissioner in private. If you do not reach a settlement agreement before or during the conference, then your claim will move to a hearing.
You will receive a Notice of Hearing with the hearing date and time. During the hearing, you and your employer will testify under oath and submit evidence about the claim. The Hearing Officer will not have any supporting documentation that you previously provided to the Labor Commissioner, so you must submit all of your evidence at the hearing.
After the hearing, you will receive a letter explaining the hearing officer's decision and the amount that the employer must pay you, if any. Both the employer and you have the right to file an appeal with the Superior Court if they do not agree with the decision.