How to File a Wage Claim in California
To recover unpaid wages in California, file with California Labor Commissioner's Office (DLSE). Under federal law you can claim up to 2 years of back pay(3 if the violation was willful), plus an equal amount in liquidated damages. Estimate what you're owed below.
Your situation
Unpaid overtime estimate
- Size of the weekly gap. About 9% of a typical week's correct pay looks unpaid.
- Total back pay at stake. The amount is large enough that most wage attorneys will take a look.
- How long it ran. 26 recoverable weeks within the federal 2-year window.
- Standard 2-year window. No willful-violation signal entered, so the federal look-back is 2 years.
The Claim Kit is a printable demand letter pre-filled with your figures, your state's filing route, and a step-by-step complaint guide. The case review is free and carries no obligation.
This is an estimate from the figures you entered, not legal advice or a guarantee of recovery. Wage law has local exceptions and strict deadlines — confirm with your state labor department or an employment attorney.
- Agency
- California Labor Commissioner's Office (DLSE) — file a wage claim
- Federal window
- 2 years of back pay, or 3 years if the violation was willful — plus equal liquidated damages.
- California adds
- California adds waiting-time penalties of up to 30 days' wages, plus liquidated damages for minimum-wage violations.
Filing a California wage claim, step by step
- 1Gather your records
Collect pay stubs, time records, schedules and any texts about hours. In California, your own honest records can carry a claim if the employer's are missing.
- 2Calculate what you're owed
Use the back-pay calculator on this page to estimate the unpaid wages and how far back you can recover them.
- 3Send a written demand
Many disputes settle after a dated demand letter that states the amount owed and the deadline you're giving the employer to pay.
- 4File with California Labor Commissioner's Office (DLSE)
If the employer doesn't pay, file a wage claim with the agency below, or talk to an employment attorney about a lawsuit.
- 5Mind the deadline
Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter administrative deadline, so don't wait.
Want a lawyer to check it first?
A free case review tells you whether your Californiaclaim is worth pursuing — most wage cases are taken on contingency, so there's no upfront cost.
Frequently asked questions
Who do I file an unpaid-wage claim with in California?
California Labor Commissioner's Office (DLSE). You can also sue in court, often with an employment attorney.
How far back can I recover unpaid wages in California?
Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages. California adds waiting-time penalties of up to 30 days' wages, plus liquidated damages for minimum-wage violations.
Can my employer retaliate for filing a wage claim in California?
No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.
California wage-claim figures are general information for 2026, not legal advice. Deadlines, agencies and remedies have local exceptions and change — confirm with California Labor Commissioner's Office (DLSE) or an employment attorney before relying on this.