What is the DLSE / Labor Commissioner?
The Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner's Office, is California's state agency responsible for enforcing labor laws. It's part of the Department of Industrial Relations (DIR).
Think of the DLSE as a free government agency that helps workers recover money their employers owe them. Unlike going to court, you don't need a lawyer, and there's no filing fee.
- Completely free - No filing fees, no costs
- No attorney needed - You can represent yourself
- Can recover more than just wages - Penalties, interest, and attorney fees if you hire one
- Government backing - Employers take state agency claims seriously
- Help with collection - DLSE can assist in collecting your award
What Can You Recover?
- Unpaid wages - Regular pay, overtime, commissions, bonuses
- Waiting time penalties - Up to 30 days of wages if final pay was late (Labor Code 203)
- Meal/rest break penalties - 1 hour of pay per day violated (Labor Code 226.7)
- Wage statement penalties - $50-$100 per pay period, up to $4,000 (Labor Code 226)
- Interest - 10% per year from date wages were due
- Attorney fees - If you win and used an attorney
Legal Authority
The DLSE's power comes from the California Labor Code:
- Labor Code Section 98 - Authority to investigate claims and hold hearings
- Labor Code Section 98.1 - Berman hearing procedures
- Labor Code Section 1194 - Minimum wage and overtime recovery
- Labor Code Section 203 - Waiting time penalties for late final pay
- Labor Code Section 226 - Wage statement requirements and penalties
- Labor Code Section 226.7 - Meal and rest break premium pay
Types of Claims the DLSE Handles
The DLSE handles most wage-and-hour violations. Here are the most common claims:
💰 Unpaid Wages
Employer owes you money for work performed
- Regular wages not paid
- Commissions owed
- Bonuses promised but not paid
- Piece-rate pay shortfalls
🕑 Overtime Violations
Not paid proper overtime rates
- Over 8 hours/day = 1.5x pay
- Over 12 hours/day = 2x pay
- Over 40 hours/week = 1.5x pay
- 7th consecutive day = 1.5x (first 8 hrs)
🍴 Meal Break Violations
Not given required meal breaks
- No 30-min meal by 5th hour
- No second meal for 10+ hour shifts
- Forced to work through meals
- Interrupted or "on-duty" meals
☕ Rest Break Violations
Not given required rest periods
- No 10-minute rest per 4 hours
- Rest breaks interrupted
- Required to stay "on call"
- Rest breaks cut short
💵 Minimum Wage Violations
Paid below the legal minimum
- CA minimum: $16.50/hr (2025)
- Local minimums often higher
- Illegal deductions below minimum
- Piece-rate averaging below minimum
🔒 Final Paycheck Issues
Not paid on time when leaving job
- Fired = wages due immediately
- Quit with 72+ hrs notice = due last day
- Quit without notice = due within 72 hrs
- Must include accrued vacation
💳 Expense Reimbursement
Out-of-pocket costs for work not repaid
- Mileage and vehicle expenses
- Cell phone used for work
- Tools and supplies purchased
- Uniforms and cleaning costs
🎫 Tip Theft
Tips taken or not distributed properly
- Manager taking tips
- Illegal tip pooling
- Service charges not distributed
- Credit card tip deductions
💴 Bounced Paychecks
Paycheck didn't clear the bank
- NSF (Non-Sufficient Funds)
- Stopped payment on check
- Account closed
- Repeated bounced checks
- 3 years - Most wage claims (unpaid wages, overtime, meal/rest breaks)
- 4 years - Claims based on written contract
- 1 year - Wage statement (pay stub) penalties
- 3 years - Retaliation claims
Claims the DLSE Does NOT Handle
Some employment issues require different agencies:
- Discrimination/Harassment - File with Civil Rights Department (CRD, formerly DFEH)
- Workers' Compensation - File with WCAB (Workers' Comp Appeals Board)
- Unemployment Insurance - File with EDD
- Federal-only claims - File with U.S. Department of Labor
- Independent contractor disputes - May need civil court (unless it's a misclassification claim)
How to File Your Wage Claim
Filing a wage claim is straightforward. You can file online (fastest), in person at a local DLSE office, or by mail.
Step 1: Gather Your Documentation
Before filing, collect as much evidence as possible:
All available pay stubs showing hours, rates, and deductions
Your own records of hours worked - calendars, notes, apps, timesheets
Offer letter, employment agreement, employee handbook, written policies
Emails, texts, voicemails discussing wages, overtime, or pay issues
Legal business name, address, phone. Search CA Secretary of State if needed
Breakdown of amounts owed (regular wages, OT, meal breaks, etc.)
Step 2: File Online (Recommended)
Online filing is the fastest way to start your claim:
Alternative: File by Paper
You can also file using paper forms, either in person or by mail.
Required Forms:
- DLSE Form 1 Initial Report or Claim (the main wage claim form)
- DLSE Form 1A Worksheet for calculating wages owed (optional but helpful)
- DLSE Form 55 Retaliation Complaint (if you were punished for complaining)
Download forms at: dir.ca.gov/dlse/dlseformslanguages.html (available in multiple languages)
What Information to Include
Your claim should clearly explain:
- Your employment dates - Start date, end date (or "still employed")
- Job title and duties - What you did and how you were classified
- Pay rate and structure - Hourly, salary, commission, piece rate
- Work schedule - Typical hours, overtime, breaks provided or denied
- What wasn't paid - Specific amounts and time periods for each type of violation
- How employment ended - Quit, fired, laid off, and the exact date
- Final pay status - When you received (or didn't receive) your last paycheck
- Keep copies of everything you submit
- If mailing, use certified mail with return receipt requested
- File at the office closest to where you worked
- Be specific - vague claims are harder to prove
- Include all documents with your initial filing
How Long Does the Process Take?
DLSE processing times vary based on your local office's caseload. Here's a realistic timeline:
- If settled at conference: 2-4 months total
- If goes to hearing: 4-12 months total
- If appealed to Superior Court: Add 6-12+ months
- Statute of limitations: File within 3 years of violation (1 year for wage statement claims)
- Appeal deadline: 10 days from service of ODA to appeal to Superior Court
- Keep contact info updated: Missing notices can get your claim dismissed
DLSE vs Small Claims vs Lawsuit
Workers with wage claims have three main options. Here's how they compare:
| Factor | DLSE / Labor Commissioner | Small Claims Court | Civil Lawsuit |
|---|---|---|---|
| Filing Fee | FREE | $30-$100 | $200-$500+ |
| Maximum Recovery | No limit | $12,500 | No limit |
| Attorney Needed? | No | No (not allowed) | Practically yes |
| Waiting Time Penalties | Yes - up to 30 days wages | Generally no | Yes |
| Meal/Rest Break Penalties | Yes | Maybe | Yes |
| Attorney Fees If You Win | Yes (if you use one) | No | Yes |
| Interest on Wages | Yes - from date due | Only after judgment | Yes - from date due |
| Investigation Help | DLSE reviews evidence | You do everything | Attorney handles |
| Collection Help | DLSE can assist | You enforce yourself | Attorney handles |
| Typical Timeline | 4-12 months | 2-3 months | 1-3 years |
| Employer Appeal Rights | Yes - to Superior Court | Limited | Yes - Court of Appeal |
When to Use Each Option
Use DLSE When...
- Your claim involves penalties (final pay, meal/rest breaks)
- Claim is over $12,500
- You want free filing and no attorney
- You need help with investigation
- You want potential collection assistance
- Employer is more likely to take government agency seriously
Use Small Claims When...
- Claim is under $12,500
- You want fastest resolution
- Simple unpaid wages (no penalties needed)
- You have clear documentation
- You're comfortable presenting your case
- You can enforce judgment yourself
Consider a Lawsuit When...
- Claim is very large ($50,000+)
- Complex legal issues involved
- Multiple types of claims (discrimination + wages)
- Class action potential (many workers affected)
- Employer has deep pockets and will fight
- Attorney will take on contingency
What Happens at the Settlement Conference
Before any hearing, the DLSE schedules a settlement conference. This is your best chance to resolve your claim quickly.
What is a Settlement Conference?
A settlement conference is an informal meeting at the DLSE office where:
- A Deputy Labor Commissioner facilitates discussion between you and the employer
- Both sides present their position and evidence
- The Deputy explains the strengths and weaknesses of each side's case
- Settlement options are explored
- If you reach agreement, you sign a settlement and get paid
- If no settlement, a Berman hearing is scheduled
What to Bring
Pay stubs, time records, communications, calculations
Break down each type of violation and amount claimed
Driver's license, passport, or state ID
The letter scheduling your conference
Know the minimum amount you'd accept to settle
What to Expect
- Check in - Arrive 15 minutes early, check in at reception
- Wait to be called - You may wait 30-60 minutes depending on schedule
- Meet the Deputy - You'll be brought into a conference room with the Deputy and employer
- Present your side - Explain what happened and what you're owed
- Employer responds - They present their position
- Facilitated negotiation - Deputy helps both sides work toward settlement
- Resolution or hearing scheduled - Either settle or get a hearing date
- Guaranteed payment vs. uncertainty of hearing
- Get paid immediately instead of waiting months
- Avoid stress of formal hearing
- Can structure payment terms if employer needs time
- Close the matter and move on
Before Accepting Any Settlement
- Does the amount include penalties you're entitled to?
- Are you releasing ALL claims, even ones you didn't file?
- When exactly will you receive payment?
- What happens if the employer doesn't pay as agreed?
- Is there a confidentiality clause preventing you from discussing?
If You Don't Settle: The Berman Hearing
If no settlement is reached, your case goes to a Berman hearing - a formal administrative hearing where:
- A Deputy Labor Commissioner acts as the hearing officer (like a judge)
- Both sides present evidence and testimony under oath
- You can cross-examine the employer and their witnesses
- The Deputy issues a written decision (Order, Decision, or Award - "ODA")
- Either party can appeal to Superior Court within 10 days
After You Win: Collecting Your Award
Congratulations on winning your claim! Now you need to collect. Here's what happens:
Your Award Includes
- Unpaid wages - The base amount you were owed
- Waiting time penalties - Up to 30 days of wages (Labor Code 203)
- Meal/rest break penalties - 1 hour of pay per day violated
- Wage statement penalties - $50-$100 per pay period, up to $4,000
- Interest - 10% per year from date wages were due until paid
- Attorney fees - If you used an attorney and won
Interest Calculation
Interest on your award is calculated at 10% per year from the date wages were originally due. For example:
- Wages due January 1, 2024: $5,000
- Award issued January 1, 2025 (1 year later)
- Interest: $5,000 x 10% = $500
- Total: $5,500 (plus any penalties)
If the Employer Pays Voluntarily
Best case scenario - they write you a check within 10 days of the ODA becoming final. Your claim is complete.
If the Employer Doesn't Pay
When the appeal period expires (10 days) and the employer hasn't paid:
🏦 DLSE Collection Unit
The Labor Commissioner has a Judgment Enforcement Unit that can help collect your award.
- Contact your local DLSE office
- Ask about collection assistance
- They can pursue the employer
📄 File Judgment in Court
Convert your ODA to a court judgment for additional enforcement tools.
- File in Superior Court
- Creates public record
- Enables full collection remedies
💳 Bank Levy
Seize money directly from the employer's bank account.
- Requires court judgment
- Need to know their bank
- Sheriff serves the levy
🏠 Property Lien
Place a lien on the employer's real property (real estate).
- File Abstract of Judgment
- Attaches to property in county
- Paid when property sells
Personal Liability for Wage Theft
What if the Employer Appeals?
If the employer appeals to Superior Court:
- They must post a bond for the full judgment amount (protects your award)
- The case gets a brand new trial in Superior Court (called "de novo")
- You may want to hire an attorney at this point
- If you win again, you may collect from the bond
- Employer who appeals and loses may owe additional penalties
California DLSE Offices & Contact Information
File your claim at the DLSE office closest to where you worked. Here are all California DLSE offices:
- Phone: (844) 522-6734
- Email: DLSE2@dir.ca.gov
- Website: dir.ca.gov/dlse/
Northern California Offices
Oakland District Office
1515 Clay Street, Suite 801
Oakland, CA 94612
Phone: (510) 622-3273
San Francisco District Office
455 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Phone: (415) 703-5300
San Jose District Office
100 Paseo de San Antonio, Room 120
San Jose, CA 95113
Phone: (408) 277-1266
Sacramento District Office
2031 Howe Avenue, Suite 100
Sacramento, CA 95825
Phone: (916) 263-1811
Stockton District Office
31 E. Channel Street, Room 317
Stockton, CA 95202
Phone: (209) 948-7771
Redding District Office
250 Hemsted Drive, 2nd Floor
Redding, CA 96002
Phone: (530) 225-2655
Central California Offices
Fresno District Office
770 E. Shaw Avenue, Suite 222
Fresno, CA 93710
Phone: (559) 244-5340
Bakersfield District Office
7718 Meany Avenue
Bakersfield, CA 93308
Phone: (661) 587-3060
Santa Barbara District Office
411 E. Canon Perdido, Suite 3
Santa Barbara, CA 93101
Phone: (805) 568-1222
Southern California Offices
Los Angeles District Office
320 W. 4th Street, Suite 450
Los Angeles, CA 90013
Phone: (213) 620-6330
Van Nuys District Office
6150 Van Nuys Boulevard, Suite 206
Van Nuys, CA 91401
Phone: (818) 901-5315
Long Beach District Office
300 Oceangate, Suite 302
Long Beach, CA 90802
Phone: (562) 590-5048
Santa Ana District Office
2 MacArthur Place, Suite 800
Santa Ana, CA 92707
Phone: (714) 558-4913
San Bernardino District Office
464 W. 4th Street, Suite 348
San Bernardino, CA 92401
Phone: (909) 383-4334
San Diego District Office
7575 Metropolitan Drive, Suite 210
San Diego, CA 92108
Phone: (619) 220-5451
Important DLSE Links
- Main DLSE Website: dir.ca.gov/dlse/
- File a Wage Claim Online: dir.ca.gov/dlse/howtofilewageclaim.htm
- Wage Claim Forms (All Languages): dir.ca.gov/dlse/dlseformslanguages.html
- Find Your Local Office: dir.ca.gov/dlse/DistrictOffices.htm
- Overtime FAQ: dir.ca.gov/dlse/FAQ_Overtime.htm
- Minimum Wage Info: dir.ca.gov/dlse/faq_minimumwage.htm
- Meal/Rest Breaks FAQ: dir.ca.gov/dlse/FAQ_MealPeriods.htm
- File Retaliation Complaint: dir.ca.gov/dlse/howtofileretaliation.htm
Key Forms Reference
DLSE Form 1 Initial Report or Claim (Main Wage Claim Form)
DLSE Form 1A Wage Calculation Worksheet
DLSE Form 55 Retaliation Complaint
EJ-001 Abstract of Judgment (for property liens)
EJ-130 Writ of Execution (for bank levies)
Ready to File Your Wage Claim?
The DLSE online filing system is the fastest way to start your claim. It's free and takes about 30 minutes.
File Online NowNeed a Demand Letter First?
Sometimes a demand letter prompts the employer to pay before you need to file a formal claim.
Employment Letters