STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
FILING A CLAIM
AN EMPLOYEE OR FORMER EMPLOYEE MAY FILE AN INDIVIDUAL WAGE CLAIM TO RECOVER:
• Unpaid wages (including overtime, commissions and bonuses) – Labor Code §§ 200, 201, and 202
• Wages paid by check issued with insufficient funds – Labor Code § 212 and 203.1
• Final paycheck not received – Labor Code §§ 201, 202, and 203
• Unused vacation hours which were not paid – Labor Code § 227.3
• Unauthorized deductions from paychecks – Labor Code §§ 221 and 224
• Unpaid expenses – Labor Code § 2802
ANY EMPLOYEE, FORMER EMPLOYEE, OR GROUP OF EMPLOYEES MAY FILE A GENERAL CLAIM TO REPORT THE
• Failure of employer to issue written wage deduction statements – Labor Code § 226, IWC Orders
• Violations of garment manufacturing laws – Labor Code §§ 2670-2681
• Violations of child labor laws – Labor Code §§ 1285-1384
• Violations of farm labor laws – Labor Code §§ 1682-1698.7
• Failure to have workers’ compensation insurance – Labor Code § 3700
• Violations of wage and hour laws – Labor Code §§ 500-558, IWC Orders
• Payment of prevailing wages on public works projects – Labor Code §§ 1775
WHAT IS THE TIME PERIOD FOR FILING A CLAIM?
A claim based on an oral agreement must be filed within 2 years or within 4 years if based on a written agreement of the alleged violation.
(Code of Civil Procedure §§337 and 339) A claim for unpaid overtime or minimum wages must be filed within 3 years of the alleged
underpayment or non-payment. (Code of Civil Procedure §338) However, it is recommended that you file as soon as possible.
WHERE DO I FILE?
Claims should be filed at the Division of Labor Standards Enforcement office (DLSE) nearest your place of employment (or former
employment) or in the county where you performed the work.
FOR QUICK CLAIM PROCESSING
All information should be comp