Filing a California Labor Board Complaint – A Step-by-Step Guide

A California labor board complaint is where you ask the state to investigate an employment dispute involving improper actions by your employer. There are several state agencies that handle employment grievances (though none is specially named “Labor Board”).

Here are five key things to know about filing a California Labor Board complaint:

1. The Labor Commissioner’s Office is a state labor board which hears wage and hour disputes.
2. Examples of wage and hour violations are failing to pay minimum wage or overtime or not providing meal breaks or rest periods.
3. The Civil Rights Department (CDR) is a state labor board which handles discrimination and harassment complaints.
4. Most discrimination and harassment complaints involve being treated unfairly because of your race, gender, religion, or age.
5. If your employer retaliates against you for bringing a complaint, you can file a retaliation complaint or a civil lawsuit.

Here at Shouse Law Group, we have helped countless victims of wage and hour violations and workplace harassment/discrimination to recover substantial financial settlements.

In this article, our California labor and employment attorneys answer frequently-asked-questions about filing labor board complaints:

• 1. How do I file a complaint with the California Labor Board?
• 2. Common employment complaints
  • 2.1. Wage and hour complaints
  • 2.2. Discrimination and harassment complaints
    • 2.2.1. Discrimination claims
    • 2.2.2. Harassment claims

    1. How do I file a complaint with the California Labor Board?

    1.1. To make a wage theft complaint

    To make a wage theft complaint with the California Labor Commissioner’s Office, click here. You will have to submit information requested by Form 1 (initial claim) and Form 55 (wage claim listing amounts owed by your employer per pay period). Be sure to have your paystubs and W-2 Form (or 1099 Form) handy.

    You will then have the opportunity to negotiate a resolution at a settlement conference. If no settlement is reached, then the Board will hold a wage claim hearing.

    A wage claim hearing is similar to a trial, complete with introducing evidence and subpoenaed witnesses giving testimony. Within 15 days, the hearing officer will issue an Order, Decision or Award (ODA). Depending on the case, you may receive money for not only back pay for unpaid wages but also

    • interest,
    • attorneys’ fees, and
    • penalties for liquidated damages, bounced checks, and late paychecks (waiting time penalties).

    If one of the parties appeals, the process transfers to a superior court. If you win the hearing and any appeals, the court will issue a judgment. At that point, it is usually your responsibility to collect the judgment.

    1.2. To report a labor law violation

    To report a labor law violations with the California Labor Commissioner’s Office, click here. If you are claiming retaliation, you will have to fill out Form RCI-1.

    The Commissioner will then conduct an investigation. If they find a violation, they can issue citations and civil (monetary) penalties against your employer.

    If you are owed back wages, you can file a wage theft complaint also (as discussed above).

    1.3. To file a discrimination or harassment complaint

    To report workplace discrimination or harassment with the California Civil Rights department (CRD), click here. Alternatively, you can file a complaint by mail or call the CRD at 800-884-1684.

    The CRD will conduct an investigation. If they find a violation, you will have the opportunity to settle with your employer. Otherwise, the CRD can prosecute them in court. 1

    First contact an attorney

    It is recommended you consult with a labor law attorney before filing a complaint. Attorneys are skilled in how to compose complaints to maximize the odds of success.

    In our experience, it may be best to skip over the complaint process and let us mail your employer a strongly-worded demand letter. We find that once employers see you are lawyered up, they are more likely to negotiate a favorable resolution. In most cases, we can win you a large settlement without having to go to trial.

    

    You are not limited to filing complaints with state agencies; instead, you can file complaints with federal agencies or else bring a civil lawsuit.

    2. Common employment complaints

    The two most common employment complaints that get filed with California’s labor boards are:

    1. wage and hour complaints, and
    2. discrimination and harassment complaints.

    2.1. Wage and hour complaints

    As mentioned above, wage and hour complaints under the labor code are filed with the California Labor Commission.

    Depending on whether you are “non-exempt” or not, common wage/hour violations under California law involve your employer:

    • failing to pay the minimum wage;
    • failing to pay “time and a half” overtime that you earned;
    • failing to pay “double time” overtime that you earned;
    • failing to issue you a timely final paycheck upon termination;
    • refusing to provide you meal breaks;
    • refusing to provide you rest periods;
    • refusing to reimburse business expenses;
    • refusing to reimburse mileage for driving from the office to a job site;
    • failing to pay you your entire tips or tip poolportions;
    • taking out deductions when you did not agree to it in writing;
    • misclassifying you as exempt from wage/hour requirements; and
    • misclassifying you as independent contractors.

    2.2. Discrimination and harassment complaints

    The California Fair Employment and Housing Act (FEHA) prohibits both:

    2.2.1. Discrimination claims

    As to discrimination, the FEHA makes it unlawful for any employer of five or more employees to discriminate on the basis of:

    • race,
    • gender,
    • religion,
    • age,
    • pregnancy,
    • medical conditions,
    • genetic information,
    • marital status,
    • sexual orientation, and
    • veteran status. 3

    Discrimination can take place in a variety of ways. Often, though, it involves your employer treating you differently as to:

    • pay and earnings,
    • working conditions,
    • job duties,
    • promotions and advancements, and
    • the terms of your employment.

    2.2.2. Harassment claims

    The FEHA prohibits both:

    • non-sexual harassment, and
    • sexual harassment. 4

    Non-sexual harassment is when:

    • your employer creates, or allows, a hostile work environment, and
    • it is one in which you are harassed on the basis of any of the above categories involving discrimination. 5

    Unlawful harassment can also be based on your immigration status, national origin, or ancestry. 6

    Sexual harassment comes in two forms under California State law: 7

    1. “quid pro quo” harassment, which is when supervisors demand sexual favors for a workplace benefit. 8
    2. “hostile work environment” harassment. You can bring this type of claim if:
       • you are the recipient of unwelcome advances, conduct or comments,
       • the harassment is in some sense based on your sex, and the harassment is either severe or pervasive enough to alter the conditions of employment. 9

    

    There are no filing fees or costs to make a claim with the Labor Board.

    3. What does the California Labor Commission do?

    The Labor Commissioner’s hearing officers basically review cases where you seek to recover lost wages or payments from your employer. 1 Complaints can also involve wage theft and violations of state sick leave laws.

    The Office also handles some retaliation claims. For instance, employers cannot fire, demote, reduce your pay, or suspend you just for filing a labor complaint. (Learn about whistleblower retaliation.)

    The California Labor Commission is also known as the Division of Labor Standards Enforcement (DLSE). The DLSE falls under the Department of Industrial Relations and enforces the California labor code.

    3.1. Alternatives to the California Labor Commissioner

    You are not limited to filing wage and hour complaints with just the Labor Commission in California. If you have a legitimate wage/hour complaint, you can also raise these complaints by:

    • filing a lawsuit in California Superior Court, and/or
    • filing a wage claim with a federal agency of the United States. 10

    In our experience, we find it best to bypass the Labor Commissioner complaint process by requesting that they grant us a “right to sue” notice right away. This way, we can get started on litigating your case without any administrative delays.

    The civil servants at the Labor Commissioner are overworked and simply lack the time and resources to pursue the best resolution for your case. As your attorneys, we would fight tirelessly for the biggest financial settlement allowable under the law to cover your unpaid compensation and all other damages you incurred, including pain and suffering.

    3.1.1. Federal claims

    The Fair Labor Standards Act (FLSA) sets forth rules that employers must follow, on a national level, with regard to wages. 11

    The Act also sets forth a complaint process for you to follow if your employer violates these rules. 12 Typically, the Wage and Hour Division of the U.S. Department of Labor handles these disputes.

    In most cases, it is in your best interest to pursue your complaint through the California Labor Commissioner rather than the U.S. Department of Labor.

    4. Do I have to go through the CRD for my harassment or discrimination case?

    You can bypass the Civil Rights Department (CRD) investigation process by asking them for a “right to sue” notice. At that point, you can file a lawsuit in Superior Court.

    However, many claimants prefer to raise a discrimination or harassment complaint with the CRD because:

    • it is cheaper in comparison to a civil lawsuit, which involves a lot of pretrial preparation and subpoenas
    • the CRD can force employers to provide key evidence,
    • the CRD can pursue an action against your employer in civil court, and
    • the CRD can work with your employer to create more just employment policies and practices.

    (To make a discrimination or harassment complaint with the CRD, click here.)

    As an alternative to filing with the CRD, you can file a federal claim with the U.S. Equal Employment Opportunity Commission (EEOC.gov). 13

    5. What if I am retaliated against for filing a complaint?

    “Retaliation” sometimes occurs after you raise a labor board complaint. Retaliation means that your employer or co-worker:

    1. takes some kind of unfavorable action against you, and
    2. does so just because you brought the labor board complaint.

    This type of conduct is prohibited under both California law and federal law. Retaliation can take the form of:

    • workplace harassment,
    • workplace bullying,
    • wrongful termination (or demotion),
    • immigration retaliation, and
    • failing to pay wages.

    To file a retaliation complaint with the California Labor Commissioner, click here. You will have the opportunity to settle with your employer.

    Then if no negotiation is reached, the Commissioner continues investigating and will reach a determination about whether your employer retaliated against you. They may then order that your employer:

    • Reinstate you,
    • Pay your back wages and benefits, and/or
    • Pay civil penalties for their violations.

    6. Contact the Labor Board

    To contact the California Labor Commission, click here for a list of local phone numbers, email addresses, and frequently asked questions. The local Division of Labor Standards Enforcement (DLSE) offices are listed below.

    Bakersfield

    7718 Meany Ave
    Bakersfield, CA 93308
    (661) 587-3060
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    San Diego

    7575 Metropolitan Dr.,
    Room 210
    San Diego, CA 92108
    (619) 220-5451
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    El Centro

    1550 W. Main St.
    El Centro, CA 92243
    (760) 353-0607
    Open Monday and Wednesday only:
    9:00 AM -12:30 PM
    1:30 PM -5:00 PM
    **To set an appointment at a different date and time, please call the office directly.

    San Francisco

    455 Golden Gate Ave.,
    10th Floor
    San Francisco, CA 94102
    (415) 703-5300
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Fresno

    770 E. Shaw Avenue,
    Ste. 222
    Fresno, CA 93710
    (559) 244-5340
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    San Jose

    100 Paseo de San Antonio,
    Room 120
    San Jose, CA 95113
    (408) 277-1266
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Long Beach

    1500 Hughes Way
    Suite C-202
    Long Beach, CA 90810
    (562) 590-5048
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Santa Ana

    2 MacArthur Place
    Suite 800
    Santa Ana, CA 92707
    (714) 558-4910
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Los Angeles

    320 W. Fourth Street,
    Suite 450
    Los Angeles, CA 90013
    (213) 620-6330
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Santa Barbara

    411 E. Canon Perdido,
    Room 3
    Santa Barbara, CA 93101
    (805) 568-1222
    PID 9:00 AM – 1:00 PM,
    2:00 PM – 5:00 PM
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Oakland

    1515 Clay Street,
    Suite 801
    Oakland, CA 94612
    (510) 622-3273
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Santa Rosa

    50 “D” Street,
    Suite 360
    Santa Rosa, CA 95404
    (707) 576-2362
    PID 9:00 AM – 1:00 PM,
    2:00 PM – 5:00 PM
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Redding

    250 Hemsted Drive,
    2nd Floor, Suite A
    Redding, CA 96002
    (530) 225-2655
    PID 9:00 AM – 1:00 PM,
    2:00 PM – 5:00 PM
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Stockton

    31 E. Channel Street,
    Room 317
    Stockton, CA 95202
    (209) 948-7771
    PID Hours effective 5/1/18
    9:00 AM – 1:00 PM,
    2:00 PM – 5:00 PM
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Sacramento

    2031 Howe Avenue,
    Suite 100
    Sacramento, CA 95825
    (916) 263-1811
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Van Nuys

    6150 Van Nuys Blvd.,
    Room 206
    Van Nuys, CA 91401
    (818) 901-5315
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Salinas

    950 E. Blanco Rd.,
    Suite 204
    Salinas, CA 93901
    (831) 443-3041
    PID 9:00 AM – 1:00 PM,
    2:00 PM – 5:00 PM
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    Van Nuys – Entertainment Work Permits

    6150 Van Nuys Blvd.,
    Room 100
    Van Nuys, CA 91401
    (818) 901-5484Effective September 15, 2021
    Open Monday and Friday
    9:00 AM to 12:00 PM
    Open Tuesday, Wednesday and Thursday
    9:00 AM to 4:00 PM

    San Bernardino

    464 W. Fourth Street,
    Room 348
    San Bernardino, CA 92401
    (909) 383-4334
    [email protected]
    Open Monday to Friday:
    9:00 AM – 12:30 PM
    1:30 PM – 5:00 PM

    AB 633- Garment Enforcement Unit

    320 W. Fourth Street,
    Suite 450
    Los Angeles, CA 90013
    [email protected]
    Appointment options are available.

    Click here for more information on garment worker claims.

    Oakland (Headquarters)
    1515 Clay Street,
    Room 1302
    Oakland, CA 94612
    (510) 285-2118
    [email protected]

    To contact the Civil Rights Department (CRD), call 800-884-1684 or email [email protected] . The local offices are below:

    Bakersfield

    4800 Stockdale Highway, Suite 215
    Bakersfield, CA 93309
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    Fresno

    1277 E. Alluvial Avenue, Suite 101
    Fresno, CA 93720
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    Elk Grove (Headquarters)
    

    2218 Kausen Drive, Suite 100
    Elk Grove, CA 95758
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    Los Angeles
    

    320 West 4th Street, Suite 1000, 10th Floor
    Los Angeles, CA 90013
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    Oakland

    555 12th Street, Suite 2050
    Oakland, CA 94607
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    Riverside

    1325 Spruce Street, Suite 320
    Riverside, CA 92507
    Monday to Friday: 8am to 5pm
    Phone: (800) 884-1684

    7. Additional resources

    For more information, refer to the following:

    • Report a Labor Violation to the California Labor Commissioner – Handbook by the Bureau of Field Enforcement.
    • Fact sheet on how California law prohibits workplace discrimination and harassment – Provided by the Civil Rights Department.
    • California Paycheck Calculator For Salary & Hourly Payment – Free online tool from Forbes.
    • As more Californians allege on-the-job violations, labor groups say bosses retaliate – Article by CalMatters.
    • Resources to Fight Harassment in the Workplace – Informational list compiled by non-profit organization Project WHEN.

    Legal References:

    1. California Labor Code section 98a. See also Labor Code sections 21, 79, 90, 90.5, 98, 200, 201, 202, 203, 204, 204a, 204b, 204c, 207, 221, 226.7, 227, 227.3, 510, 558, 1182.12, 1197, 2802. Cal. Code Regs., tit. 8, 11040 & 11070. See also Crestwood Behavioral Health, Inc. v. Lacy ( Court of Appeal of California, First Appellate District, Division Three , 2021) 70 Cal. App. 5th 560.
    2. California Government Code 12900, 12920, 12940 & 12960. See also Labor Code section 98.6. 29 U.S.C. § 631. Cal. Code Regs., tit. 8, 11040 & 11070.
    3. California Government Code 12940a.
    4. California Government Code 12940.
    5. See same.
    6. See same.
    7. Holmes v. Petrovich Development Co. (2011) 191 Cal.App.4th 1047.
    8. Mogilefsky v. Superior Court (1993) 20 Cal.App.4th 1409.
    9. Hughes v. Pair (2009) 46 Cal.4th 1035.
    10. See, for example, Reynolds v. Bement (2005) 36 Cal.4th 1075.
    11. 29 U.S.C. 201–219.
    12. 29 U.S.C. 211.
    13. California Government Code 12965 GC. As to federal law, Title VII of the Civil Rights Act of 1964 protects certain groups from discrimination. Federal law prohibits discrimination on the same basis as set forth under California’s employment laws.