Wage Claims

What you need to know about California’s Division of Labor Standards Enforcement and the Labor Commissioner.

california labor lawyer

California’s labor laws are a maze and various penalties can be imposed against employers, which can make oversight and honest mistakes a very costly mistake later on down the road. Ignorance of the labor code does not excuse a violation of the labor code.

Sometimes employees who have been terminated complain about not being paid properly for the first time ever. This is because many employers and employees are unaware of the technical requires imposed by the California labor law and continue happily along blissfully unaware of any violations until after an employee is terminated.

If an employee believes he is owed money for work he or she has done, the employee can file a “wage claim” with the California’s Division of Labor Standards Enforcement (DLSE). This is in lieu of filing a lawsuit in court. The DLSE has the power to investigate the employee’s claims. In addition, the Labor Commissioner will hold a hearing on an employee’s complaints regarding any of the following issues:

  • unpaid wages,

  • unpaid commissions,

  • unpaid vacation wages,

  • failure to pay minimum wage,

  • failure to pay overtime,

  • failure to make payments for agreed benefits,

  • failure to make timely payment of wages after termination, including late payment or nonpayment of final wages,

  • meal and rest period violations,

  • unpaid split shift premium,

  • unpaid reporting time pay,

  • unlawful deductions from a paycheck,

  • unreimbursed business expenses.


Clearly, the Labor Commissioner has jurisdiction to decide on many difference issues. However, if the employee requests a “right to sue letter” from the DLSE, the employee may bypass a hearing with the Labor Commissioner and file a lawsuit in California superior court for a determination of the above-mentioned issues as well.


Some employers may think that hiring a lawyer for a Labor Commissioner hearing is not necessary; however, the stakes can be just as high in a hearing before the Labor Commissioner as it is in superior court before a judge. The Labor Commissioner has the authority to impose very high penalties for very technical violations. An attorney can ensure that you have your paperwork in order and can help limit any liability you may be facing.