How to file a wage claim

Before you file: three questions

Where did the work happen? Work in California is covered by California law and the Labor Commissioner (also called the DLSE). Work elsewhere may go to that state's agency or to the federal Wage and Hour Division. We help you decide.
What exactly is owed? Unpaid hours, minimum-wage shortfall, overtime, break premiums, illegal deductions, unpaid final wages, waiting-time penalties, unreimbursed expenses. Write each one down, even roughly. Estimates are allowed when the employer kept no records — in fact, the law then favours the worker's reasonable account.
Is there also retaliation or a safety problem? These are separate complaints with their own deadlines, and can be filed alongside the wage claim.

Step 1 — Gather what you have

Your own record of days and hours worked (a calendar, a notebook, phone notes, a photo of a schedule).
Pay stubs, bank deposits, cash envelopes, any messages about pay.
The legal name and address of the business, and the name of the owner or manager. A photo of the business licence on the wall, a receipt, or the name on the door helps.
Names and contact details of co-workers who saw your hours.
Anything showing the rate you were promised.

Do not worry if pieces are missing. The employer is the one required by law to keep records; a credible, consistent account from you carries weight. See documents to keep.

Step 2 — Choose where to file

California Labor Commissioner (DLSE) — the usual route for work in California. Free. No lawyer needed. Forms are available in English, Spanish and other languages. Claims can be filed online, by mail or in person at a district office (Los Angeles has several).
US Department of Labor, Wage and Hour Division — for federal minimum wage and overtime claims, especially outside California or for certain federal-contract work.
Civil court or a private attorney — for large or complex cases, class cases, or when retaliation damages are significant. Legal aid and workers' rights clinics take many of these cases free of charge.

We help you choose, and we complete the forms with you.

Step 3 — File the claim

The wage claim form asks who you worked for, when, what you were paid, and what you believe is owed, with a calculation. Attach copies (never originals) of your records. After filing you receive a case number. Keep working if you can — filing does not require quitting, and retaliation for filing is illegal.

Step 4 — The settlement conference

The Labor Commissioner usually schedules a conference with a deputy, you and the employer. It is informal, an interpreter can be provided, and many cases settle here. You do not have to accept an offer you think is too low. We help you prepare: what your claim is worth, what a fair settlement looks like, and how to respond to the employer's arguments.

Step 5 — The hearing

If there is no settlement, a hearing is scheduled before a hearing officer. You present your records and witnesses; the employer presents theirs; the officer issues a written decision (an "ODA"). Interpreters are provided. Preparation matters more than eloquence: a clear timeline and a simple calculation win hearings. We help you build both, and a volunteer or partner can accompany you.

Step 6 — Collecting

A decision in your favour becomes a court judgment if unpaid. Collection can be the hardest part; California has strengthened tools against employers who fold and reopen under a new name, and the Labor Commissioner has a judgment enforcement unit. We stay with you through this stage and connect you to legal aid if needed.

Timeline and deadlines

Most wage claims can reach back three years (four for some claims brought in court). Retaliation complaints generally within one year. The process from filing to hearing commonly takes months; a bridge through the Hardship Fund is available if the wait creates an emergency.

What the Fair Work Initiative does at each step

Explains your rights and helps you write down what is owed.
Helps you organise records and prepare a timeline.
Completes the claim forms with you, in your language.
Prepares you for the conference and hearing, and arranges an accompanying volunteer where possible.
Connects you to legal aid or an attorney when the case needs one.
Screens for retaliation, safety and trafficking issues and files or refers those separately.
Bridges emergencies while the claim is pending.

What it does not do

We are not attorneys and we do not represent you. We prepare you, accompany you, and connect you to those who can represent you. Nothing on this page is legal advice.