DLSE in California – A look at how the agency works

The California DLSE is the state’s Division of Labor Standards Enforcement. It is also known as the California Labor Commissioner’s Office. It handles claims under California’s

• wage and hour laws as well as some
• whistleblower retaliation claims.

Because you have to sign your complaint, it cannot be filed online. You can file a complaint

• in person or
• through the mail.

What is the California Division of Labor Standards Enforcement?

The California DLSE is one of the state agencies that is in charge of enforcing state labor laws, as well as wage orders by the Industrial Welfare Commission (IWC). The DLSE is a part of the Department of Industrial Relations (DIR). The DLSE is often referred to as the:

• Division of Labor Standards Enforcement,
• Labor Commissioner’s Office, or
• labor board.

The head of the DLSE, known as the Labor Commissioner, is appointed by the California governor.[1]

DLSE mission

The DLSE’s goal is to enforce California’s labor laws in order to:

• combat wage theft by California employers,
• promote economic justice,
• protect workers from retaliation,
• educate the public about labor issues,
• ensure that law-abiding employers are not at a disadvantage, and
• make sure that workers are paid what they have earned.

DLSE departments

Within the DLSE, there are the following departments:

• Wage Claim Adjudication, which handles wage claims filed by workers,
• Public Works, which enforces California’s wage laws on public projects and handles public works complaints,
• Retaliation Complaint Investigations Unit, which handles claims filed by workers who allege that they were the victims of workplace retaliation,
• Bureau of Field Enforcement, which inspects worksites for violations of California’s labor laws,
• Licensing and Registration, which handles examinations, licenses, certifications, and registrations related to labor issues, and
• Legal Unit, which is comprised of lawyers who represent workers in court.

What kinds of claims does the DLSE handle?

The California DLSE handles 2 major types of claims:

1. wage and hour claims, and
2. whistleblower retaliation claims.

The Wage Claim Adjudication department of the DLSE handles the wage and hour claims. These are claims that aim to recover:

• wages,
• penalties,
• liquidated damages, and
• other forms of compensation.[2]

This includes claims for:

• unpaid wages,
• unpaid overtime,
• minimum wage violations,
• violations of meal and rest break requirements, such as not paying you for a rest break or forcing you to work through your lunch break,
• unpaid vacation pay,
• paid sick leave,
• failure to reimburse you for business expenses,
• not paying exempt employee benefits,
• unlawfully deducting things from your paycheck, and
• nonpayment of your final wages after termination, or failing to pay them promptly.

Whistleblower retaliation

The DLSE also handles claims of whistleblower retaliation. To fall under DLSE’s jurisdiction, though, these claims must involve:

• your legally protected conduct, such as filing a complaint with the DLSE, demanding that your employer pay any unpaid wages, or doing something that is subject to some other legal protection by California law, and
• retaliation, discrimination, termination, or any other adverse employment action because of your conduct.[3]

That legally protected activity can include:

• engaging in lawful conduct, including political activities, during your personal time,[4]
• filing for workers’ compensation,[5]
• reporting your employer’s potential legal violation either internally or to law enforcement,^[6] or
• complaining about, reporting, or discussing unsafe working conditions.[7]

The Retaliation Complaint Investigations Unit handles these claims.

How can I file a complaint there?

To file a complaint with the DLSE, you have to mail it or file it in person. You cannot file a complaint online because the complaint form requires your original signature.

After preparing your case, you have to fill out DLSE WCA Form 1, also called an “Initial Report or Claim” or just “Form 1.” This is the form that lays out what happened and what you are demanding.

You file Form 1 at the DLSE office near where you performed the work at issue. An up-to-date listing of these DLSE district offices, along with their business hours, is available on the DLSE website. If you are going to mail the claim, you can use the addresses below:

Sending your complaint to the wrong district office can lead to delays.

After the DLSE receives Form 1, an agency hearing officer will investigate your allegations. Within 30 days, the DLSE will notify you and your employer of its intended course of action.

An employment lawyer can guide you through the wage claim process and represent you in a settlement conference with your employer.

Are there other labor boards in California?

Yes, there is another California state agency that hears workplace disputes: The California Civil Rights Department (CRD). The CRD handles the following claims under California employment law:

• workplace harassment,
• discrimination, and
• other violations of the California Fair Employment and Housing Act (FEHA).

California employees must file their complaints with the appropriate state agency. Not doing so can lead to long delays. Because many of these claims must be filed within a certain amount of time, that delay can doom your case.

Additional resources

For more information, refer to these DLSE articles:

• Know Your Rights – Overview on workers’ wrights.
• How to File a Wage Claim – Step-by-step guide if you have unpaid wages.
• Report a Labor Law Violation – Step-by-step guide if an employer violated labor laws.
• How to File a Retaliation/Discrimination Complaint – Step-by-step guide if you are the victim of workplace discrimination or retaliation.
• File an Equal Pay Act Claim – Step-by-step guide if you are being paid less due to your race, ethnicity or gender.

Legal Citations:

[1] California Labor Code 79 LAB.

[2] California Labor Code 98 LAB.

[3] California Labor Code 98.6 LAB.

[4] California Labor Code sections 98.6, 96(k), 1101, and 1102 LAB.

[5] California Labor Code 132a LAB.

[6] California Labor Code sections 1102.5(a) LAB (internally) and 1102.5(a) (to law enforcement).

[7] California Labor Code 232.5 LAB.