Filing a Wage Claim with the California Labor Commissioner: The Complete Walkthrough

You do not need a lawyer or a filing fee to recover stolen wages. The Labor Commissioner’s wage claim process exists precisely for workers going it alone.

What California Law Says

Labor Code section 98 authorizes the Division of Labor Standards Enforcement to adjudicate wage claims. You file an initial report with supporting worksheets for hours, commissions, or vacation, in person, by mail, or online.

How to Fight Back, Step by Step

  1. Gather stubs, schedules, texts, and your reconstructed hours log before filling anything out.
  2. Complete the initial report naming the correct legal employer — check a pay stub, the EDD, or the Secretary of State business search.
  3. Attach the right worksheets: the hours-worked reconstruction sheet is the workhorse of most claims.
  4. File and calendar the deficiency or conference notice that follows.
  5. Keep building the evidence — the file you assemble now decides the hearing later.

Common Questions

Which office do I file with?

The DLSE office covering the area where you performed the work; online filing routes it automatically.

Can I file for a friend who speaks only Spanish?

They must sign their own claim, but the DLSE accepts filings in Spanish and provides interpreters throughout — and our kit includes bilingual worksheets.

Get the free California Wage Theft Recovery Kit — demand letters, Labor Commissioner claim worksheets, penalty calculators, and AI prompts to customize every document to your facts. Free, no email wall, at wagetheftkit.com. All five Justice Foundation kits are at justiceprompt.com. Educational use only — not legal advice.


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