A California labor board complaint is where employees complain to a state agency that hears and investigates employment disputes, about improper actions by an employer. While technically there is not one California agency specifically named “labor board,” there are several state agencies that handle employment grievances.
The two main “labor boards” in California are the Labor Commissioner’s Office and the Department of Fair Employment and Housing (DFEH). While the Labor Commissioner’s Office hears mostly disputes involving wage and hour claims, the DFEH’s most common complaints involve employment discrimination and harassment.
Examples of wage and hour violations include an employer:
- failing to pay a worker the minimum wage,
- failing to pay an employee overtime, and
- refusing to provide a worker meal breaks and/or rest periods.
Most discrimination and harassment complaints involve an employer treating an employee unfairly because of his/her:
Note that employees are not limited to bringing wage and hour complaints in front of California’s Labor Commission. They can also file these complaints:
- in state civil court, or
- with the U.S. Department of Labor.
Similarly, employees are not limited to bringing discrimination/harassment claims in front of the DFEH. They can also raise these disputes:
- in civil court, or
- with the U.S. Equal Employment Opportunity Commission.
Some employees bring retaliation complaints after raising a labor board complaint. Retaliation is when an employer, or co-worker:
- treats the employee unfairly, and
- does so just because he/she raised the complaint.
Two examples of retaliation are workplace bullying and immigration retaliation.
Retaliation is unlawful under both California law and federal law.
Our California labor and employment attorneys will address the following in this article:
- 1. What can be reported to the labor board?
- 2. What are the most common employment complaints in the State of California?
- 3. What does the California Labor Commission do?
- 4. Are harassment and discrimination complaints limited to the DFEH?
- 5. What are retaliation complaints?
- 6. How do I contact the labor board in California?
- 7. How do I file a complaint with the California Labor Board?
The two main “labor boards” in California are the Labor Commissioner’s Office and the Department of Fair Employment and Housing (DFEH).
1. What can be reported to the labor board?
California has two main state “labor boards” that hear and investigate employment grievances. These are:
- the Labor Commissioner’s Office (Division of Labor Standards Enforcement -DLSE), and
- the Department of Fair Employment and Housing (DFEH).
The Labor Commissioner’s Office mostly handles disputes concerning:
- unpaid wages and wage claims,
- meal breaks and rest breaks, and
- similar complaints related to a worker’s earnings.
The DFEH handles complaints mostly regarding:
- employment discrimination, and
- employee harassment.
2. What are the most common employment complaints in the State of California?
The two most common employment complaints that get filed with California’s labor boards are:
- wage and hour complaints, and
- 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 Labor Commissioner’s Office.
Common wage/hour violations under California law involve an employer:
- failing to pay the minimum wage;
- failing to pay “time and a half” overtime to non-exempt workers who work more than 8 hours in a workday, or 40 hours in a workweek, or 7 days in a row in a workweek;
- failing to pay “double time” overtime to non-exempt workers who work more than 12 hours in a workday or more than 8 hours on the 7th day in a row in a workweek;
- failing to pay the final paycheck (which must include unpaid vacation pay) on the last day of work if the employee was laid off or terminated, or within 72 hours of the last day if the employee resigned with less than 72 hours notice.
- refusing to provide non-exempt workers a 30-minute meal break in 5-hour-plus workdays and a second 30-minute meal break in 10-hour-plus workdays;
- refusing to provide non-exempt workers a 10-minute paid rest time period after 3.5 hours and another 10-minute paid rest break after 6 hours;
- refusing to reimburse business expenses;
- refusing to reimburse mileage for driving from the office to a job site, which as of 2021 is 56 cents a mile;
- failing to pay workers their entire tips or tip pool portions;
- taking out deductions when the employee did not agree to it in writing – even if the employee owes the employer loan money;
- misclassifying employees as exempt from wage/hour requirements; and
- misclassifying employees as independent contractors.
2.2. Discrimination and harassment complaints
The California Fair Employment and Housing Act (FEHA) prohibits both:
- employment discrimination, and
- harassment.2
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
Note that discrimination can take place in a variety of ways. Often, though, it involves an employer treating certain employees differently as to:
- pay and earnings,
- working conditions,
- job duties,
- promotions and advancements, and
- the terms of their employment.
2.2.2. Harassment claims
The FEHA prohibits both:
Non-sexual harassment is when:
- an employer creates, or allows, a hostile work environment, and
- it is one in which an employee is harassed on the basis of any of the above categories involving discrimination.5
Unlawful harassment can also be based on an employee’s:
- immigration status,
- national origin, or
- ancestry.6
Sexual harassment comes in two forms under California State law. These are:
- “quid pro quo” harassment, and
- “hostile work environment” harassment.7
“Quid pro quo” harassment is when supervisors demand sexual favors for a workplace benefit.8
A “hostile work environment” can also constitute sexual harassment. An employee can bring this type of claim if:
- the employee is the recipient of unwelcome advances, conduct or comments,
- the harassment is in some sense based on the employee’s sex, and
- the harassment is either severe or pervasive enough to alter the conditions of employment.9
If you have a legitimate wage/hour claim, you can also file a lawsuit or get in touch with a federal labor agency.
3. What does the California Labor Commission do?
The Labor Commissioner’s hearing officers basically review cases where an employee seeks to recover lost wages or payments from his/her 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 the pay of, or suspend employees just for filing a labor complaint. (Learn about whistleblower retaliation.)
Note that the Labor Commissioner’s Office 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.
Employees are not limited to filing wage and hour complaints with just the California Labor Commissioner’s Office.
If they have a legitimate wage/hour complaint, they 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
A lawsuit allows the employee to recover any unpaid compensation that the employer may owe.
As to a federal claim, note that the Fair Labor Standards Act (FLSA) sets forth rules that employers must follow, on a national level, with regards to wages.11
The Act also sets forth a complaint process for employees to follow in the event an employer violates one of these rules.12 Typically, the Wage and Hour Division of the U.S. Department of Labor handles these disputes.
Employees normally have to choose between the three different forums for raising a wage and hour complaint.
Raising these labor law violations with the Division of Labor Standards Enforcement has certain benefits not found with Superior Court and the Labor Department. Some of these are that the DLSE:
- is a cheaper alternative to a civil lawsuit,
- can compel witnesses to testify,
- can make employers produce critical employment documents, and
- can make employers pay penalties.
4. Are harassment and discrimination complaints limited to the DFEH?
As with wage and hour complaints, employees are not limited to just filing harassment and discrimination complaints with the Department of Fair Employment and Housing.
They can also raise these complaints by:
- filing a lawsuit in Superior Court, or
- filing a federal claim with the U.S. Equal Employment Opportunity Commission (EEOC.gov).
As to a civil lawsuit, note that an employee cannot file a claim in Superior Court unless he/she has exhausted all administrative remedies. This means that the employee must file a harassment/discrimination claim with either the EEOC or California’s DFEH before raising a civil lawsuit.13
As to federal law, note that 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.
Many claimants prefer to raise a discrimination or harassment complaint with the DFEH because:
- it is cheaper in comparison to a civil lawsuit, which involves a lot of pretrial preparation and subpoenas
- the DFEH can force employers to provide key evidence,
- the DFEH can pursue an action against the employer in civil court, and
- the DFEH can work with the employer to create more just employment policies and practices.
5. What are retaliation complaints?
“Retaliation” sometimes occurs after a worker raises a labor board complaint.
Retaliation means that an employer, or co-worker:
- takes some kind of unfavorable action against the employee, and
- does so just because he/she brought the labor board complaint.
This type of conduct is strictly 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.
6. How do I contact the labor board in California?
To contact the California Labor Commissioner’s Office, click here for a list of local phone numbers, email addresses, and frequently-asked-questions. The complaint needs to be filed with the correct DLSE offices (listed below):
| Bakersfield 7718 Meany Ave Bakersfield, CA 93308 (661) 587-3060 [email protected] 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] 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) 353-0607Open 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 office directly. | San Francisco 455 Golden Gate Ave., 10th Floor San Francisco, CA 94102 (415) 703-5300 [email protected] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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] 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 PMOpen 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] 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) | |
To contact the DFEH, click here.
7. How do I file a complaint with the California Labor Board?
To make a wage theft complaint with the California Labor Commissioner’s Office, click here. The worker will likely have to fill out a Form 1 (initial claim) and a Form 55 (wage claim listing amounts owed by the employer per pay period). To report all other labor law violations, click here. Workers claiming retaliation will have to fill out a Form RCI-1. There are no filing fees or costs to make a claim.
Within a few months the labor board will schedule a conference where the worker and employer (and their attorneys) appear before the commissioner. Once the labor board complaint gets finalized, the labor board will schedule a hearing. It is similar to a trial, complete with introducing evidence and subpoenaed witnesses giving testimony.
Ultimately the hearing officer will issue an order/decision/adjudication (ODA). If one of the parties appeals, the process transfers to a superior court. If the worker wins the hearing and any appeals, the court will issue a judgment. At that point, it is usually the worker’s responsibility to collect the judgment.
Before contacting the Labor Commissioner (DSLE), workers should have their paystubs and W-2 Form (or 1099 Form). The entire process can span weeks to years, depending on the complexity of the case and whether the employer cooperates. Depending on the case, workers 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).
(To make a discrimination or harassment complaint with the DFEH, click here. Alternatively, mail in a complaint or call in the complaint.)
In any case, it is recommended that workers consult with a labor law attorney before filing a complaint. Attorneys are skilled in how to compose complaints to maximize the odds of success.
For additional help…
Call our California labor law firm to discuss creating an attorney-client relationship.
For additional guidance or to discuss your case with a labor and employment lawyer, we invite you to contact our law firm at Shouse Law Group. We provide free consultations and bona fide legal advice that you can trust. We assist clients throughout California, including the cities of San Francisco, Los Angeles, and Long Beach.
Injured at work? Contact our California workers’ compensation attorneys.
Legal References:
- California Labor Code section 98a.
- California Government Code 12900.
- California Government Code 12940a.
- California Government Code 12940.
- See same.
- See same.
- Holmes v. Petrovich Development Co. (2011) 191 Cal.App.4th 1047.
- Mogilefsky v. Superior Court (1993) 20 Cal.App.4th 1409.
- Hughes v. Pair (2009) 46 Cal.4th 1035.
- See, for example, Reynolds v. Bement (2005) 36 Cal.4th 1075.
- 29 U.S.C. 201–219.
- 29 U.S.C. 211.
- California Government Code 12965 GC.