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Q.What is the process for filing a wage claim with the Labor Commissioner?
A.First you must complete a wage claim form (.pdf) and file it with the Division of Labor Standards Enforcement (DLSE) at the office nearest your place of employment. A list of the local offices is located here. After your claim is completed and filed with the DLSE, it will be assigned to a Deputy Labor Commissioner who will determine, based upon the information presented in your claim, if your case should proceed or be dismissed.
If the Labor Commissioner decides to proceed, the parties will be notified by mail of the date, time and place of the conference hearing. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved (settled) without a hearing. If the claim is not resolved at the conference, the matter will either be set for a hearing.
At the hearing the parties will present their evidence and witnesses. After the hearing, the Labor Commission will issue an Order, Decision, or Award (ODA) which it will serve on all parties.
Either party may appeal the decision to a civil court, but the decision is binding if not appealed. If the employer appeals the Labor Commissioner's decision, the DLSE will represent any employee who is financially unable to afford counsel in a civil court proceeding.
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