What form starts a wage claim in California?

DLSE Form 1, the Initial Report or Claim, filed with the Labor Commissioner's office (DLSE).

How do I file a wage claim in California?

Submit DLSE Form 1 online, by mail, or in person at a DLSE office, with copies of documents that support your claim — do not send originals.

What happens after I file a California wage claim?

Most claims are resolved through a settlement conference under Labor Code Section 98.3, a hearing under Section 98(a), or both.

How to File a Wage Claim in California

The California rule in one table

Question	California rule
Agency	Labor Commissioner — Division of Labor Standards Enforcement (DLSE), Department of Industrial Relations
Form	DLSE Form 1, the Initial Report or Claim
Filing routes	Online, by mail, or in person at a DLSE office
Filing window, overtime and minimum wages	3 years from the alleged underpayment or nonpayment
Filing window, oral agreement	Within 2 years of the alleged violation
Filing window, written agreement	Within 4 years of the alleged violation
After filing	Settlement conference under Labor Code Section 98.3, a hearing under Section 98(a), or both

What makes California different

California is the only state in this directory where the filing window changes with the legal basis of the claim. For unpaid overtime or minimum wages, 3 years from the alleged underpayment or nonpayment. A claim based on an oral agreement must be filed within 2 years, and a claim based on a written agreement within 4 years. File as soon as you can — the Labor Commissioner's own guidance recommends filing as soon as possible even inside those windows — and note which basis your claim rests on before you file, because it sets your clock.

The process, step by step

Work out what you are claiming. An individual wage claim can recover unpaid wages (including overtime, commissions, and bonuses), a final paycheck not received, unused vacation hours not paid, unauthorized deductions, and unpaid expenses.
Fill out DLSE Form 1, the Initial Report or Claim. DLSE Form 1, the Initial Report or Claim, filed with the Labor Commissioner's office (DLSE). Give as much information as you can, including the employer's legal name, location, and form of business. If your hours varied and you are claiming unpaid wages or meal and rest period violations, also submit DLSE Form 55. If you are claiming commission pay, also submit DLSE Form 155. If you are claiming vacation wages, also submit the Vacation Pay Schedule form.
Attach copies of supporting documents — do not send originals. Copies of your own time records, paychecks and pay stubs, and any dishonored (bounced) paycheck are the documents the instructions list first.
Submit DLSE Form 1 online, by mail, or in person at a DLSE office, with copies of documents that support your claim — do not send originals. File at the DLSE office nearest your place of employment, or in the county where you performed the work.
Attend the conference or hearing. Most claims are resolved through a settlement conference under Labor Code Section 98.3, a hearing under Section 98(a), or both.

For the deadline on the pay itself — when a final paycheck is due, as opposed to how you claim it — see the California final paycheck deadline guide. Comparing states, the Wage Claim Filing by State directory puts all seven side by side.

Filing a wage claim in another state

Filing a wage claim in another state? See How to File a Wage Claim in Texas and How to File a Wage Claim in Florida.

Source

Filing form, attachments, and windows come from the Labor Commissioner: Instructions for Filing a Wage Claim (DLSE Form 1) and Filing a Claim. Facts verified 2026-10-24.

This page explains how the process works and what the official rules say. It is general information, not legal advice — for a dispute about your specific situation, talk to a lawyer or your state labor or consumer agency.