How to file a wage claim when your boss did not pay you

This page covers wage claims only, and it is general information, not legal advice. For your other rights at work, see Your rights at work, with or without papers.

Can I file a wage claim?

Yes, if you worked in California and are owed pay, whatever your immigration status. Left that job? You can still file. Moved out of California? You can still file. A wage claim asks the California Labor Commissioner (also called the DLSE) to decide that your employer owes you money and to order them to pay. You can use it for:

• Hours you worked and were not paid for, or pay below the minimum wage
• Overtime that was not paid
• Missed meal or rest breaks (the law adds one hour of pay for these)
• A final paycheck that came late or never came
• A paycheck that bounced
• Money taken out of your pay that should not have been, or work costs you paid yourself
• Paid sick leave, vacation pay or commissions you were owed (see Paid sick days in California)

Not sure what you should have been paid? Your rights at work lists the 2026 minimum wage for local cities and the overtime rules.

How far back can I claim?

It depends on what you are owed. Count back from the day you file. These limits come from the How to File a Wage Claim page.

Close to a deadline? File now. Keep gathering papers later. You do not need every paper to file.

What should I gather?

Gather what you can. The checklist at the end of this page has it all. These help most:

• Your employer's business name and address. If you do not know it, the license plate of the car or truck of the person who pays you can help.
• The names of your supervisor and the owner. In some cases they can be held responsible too.
• Your hours: start time, end time and breaks, for each day you can remember
• Pay stubs, checks, bank deposits, or screenshots of payment apps like Venmo or Zelle
• Texts or messages about your hours, pay or firing

Send copies, never your originals. Keep the originals safe at home or on your own phone.

How do I fill out the form?

Use the Initial Report or Claim (DLSE Form 1). It comes in English, Spanish, Chinese, Korean, Vietnamese, Tagalog and Punjabi, each with instructions. Tips:

• Interpreter: question 5 asks if you need an interpreter. Check yes and write your language. The Labor Commissioner says it will provide an interpreter in your language (brochure).
• Your best guess is fine. The form says the amounts are your best estimates. You do not need to be exact.
• If your hours changed from week to week, skip the weekly schedule and fill out DLSE Form 55 instead. If you were paid by commission, use Form 155. A Labor Commissioner deputy or a clinic can help you find these.
• Penalties: in the last section, check every penalty that fits, such as waiting time penalties for a late final paycheck.
• Independent contractor? If your boss called you a contractor but you think you were really an employee, you can still file. Check yes on that question, and the office may decide.

A Labor Commissioner deputy can help you understand your rights and complete your claim, by phone or online.

Where do I file?

Pick the way that works for you:

• Online: on the How to File a Wage Claim page (California Labor Commissioner). Use the online button only for a wage claim, not for a retaliation complaint.
• By email or mail: send the form and copies of your papers to a Labor Commissioner office.
• In person: at an office near you.

Bay Area offices. There is no office in San Mateo County. The nearest are:

Offices list hours of Monday to Friday, 9 a.m. to 12:30 p.m. and 1:30 to 5 p.m. The San Francisco and Oakland offices list walk in help during those hours. For San Jose, call first to ask about walk in help.

• All Labor Commissioner offices (California Department of Industrial Relations)

What if my last paycheck was late?

When you are fired or laid off, your employer must pay all your wages, including vacation you earned, right away. If you quit and gave at least 72 hours' notice (Paydays and final wages FAQ), you must be paid on your last day. If you quit without notice, you must be paid within 72 hours.

If your employer pays your final wages late, they may owe you a waiting time penalty: one day's pay for each day you waited, for up to 30 days. Check the box for waiting time penalties on the claim form.

What happens after I file?

Within about 30 days, a deputy decides the next step and tells you and your employer (Labor Commissioner policies). Most claims start with a settlement conference. You get a notice in the mail with the date, time and place.

• It is informal. No one is under oath, and you do not have to prove your case.
• The deputy talks with you and your employer and tries to help you agree on a payment.
• Bring copies of any papers you did not already send.
• You do not have to accept an offer. If you do agree, make sure you understand exactly how much you will get and when.

Your employer may contact you after they learn about your claim. If they offer to pay, a clinic can help you decide. If they pay you directly, tell the deputy.

What happens at the hearing?

If you do not settle, the next step is usually a hearing with a hearing officer (The Wage Claim Hearing). You get a notice with the date and time.

• It is more formal. You promise to tell the truth, and it is recorded.
• Only what you bring and say at the hearing counts. Bring your original papers plus copies: one set for you, one for the hearing officer and one for each employer named in your claim.
• Bring a timeline and notes so you do not forget anything.
• You can bring witnesses, such as coworkers. If a witness will not come on their own, you can ask the office for a subpoena on DLSE Form 564. Ask at least 15 business days before the hearing.
• You can ask questions of your employer and their witnesses.
• You have the right to an interpreter. Ask for one when you file, and again when you get your hearing notice.

What happens after the hearing?

The hearing officer decides within 15 days after the hearing. The decision is called an Order, Decision or Award. It is mailed to you and your employer.

Either side can appeal to the county superior court (After the Hearing; Labor Code 98.2). The deadline is short: 15 days from the date on the decision's certificate of mailing, or 20 days if it was mailed to an address outside California. Read your decision the day it arrives and check the dates on it.

• If your employer appeals, they must first post a bond or deposit with the court for the full amount of the award. You will get two forms in the mail. If your income is low, you can use them to ask for a free Labor Commissioner attorney to represent you in court.
• If no one appeals in time, the decision becomes final. The Labor Commissioner sends it to the superior court, and it becomes a court judgment.

What if my employer still does not pay?

Do not give up. Many employers pay once there is a judgment. If yours does not:

• The judgment lasts 10 years and grows by 10% interest each year. If you are still collecting near the end, you must renew it.

• The Labor Commissioner usually files a lien on property your employer owns, for decisions made after January 1, 2014.

• The Judgment Enforcement Unit at the Labor Commissioner helps some workers collect, for example by taking money from the employer's bank account. Call 833-526-4636 and ask about your case. If the office takes over your judgment, you can no longer collect on your own.

• You can also collect yourself with court forms and the county sheriff. A legal aid office can help. Ask the court clerk or sheriff whether you can get a fee waiver.

• Garment, car wash and farm workers may be able to get paid from special state funds. Ask your deputy.

• If your employer files for bankruptcy, you must follow the bankruptcy court's process and file a claim by its deadline.

• Collect your award (California Labor Commissioner brochure)

• Judgment Enforcement Unit (California Labor Commissioner)

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: wage claims, with phone interpreters. Call 833-526-4636. How to file a wage claim (dir.ca.gov)
• Legal Aid at Work: a free and confidential workers' rights clinic for people within its income limits, or age 60 and over, with help in Spanish, Mandarin, Cantonese and many other languages. It lists an East Palo Alto line at (415) 404-9093. Workers' Rights Clinic (Legal Aid at Work)
• Other community groups: the Labor Commissioner keeps a statewide list of community organizations that help workers. Find it on the How to File a Wage Claim page.

If you are unhappy with language help from the Department of Industrial Relations, you can email DIO@dir.ca.gov.

Is there a checklist I can print?