Division of Labor Standards Enforcement (2024)

  1. Labor Commissioner's Office

The mission of the California Labor Commissioner's Office is to ensure a just day's pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws. By combating wage theft, protecting workers from retaliation, and educating the public, we put earned wages into workers' pockets and help level the playing field for law-abiding employers. This office is also known as the Division of Labor Standards Enforcement (DLSE).

Dept. of Homeland Security (DHS) Deferred Action - Frequently Asked Questions

COVID-19 Remote and In-Person Office Operations

Coronavirus (COVID-19) Information

The Labor Commissioner is Hiring!

Fast Food Minimum Wage Effective April 1, 2024

Starting April 1, 2024, all “fast food restaurant employees” who are covered by the new law must be paid at least $20.00 per hour. For more information, visit Fast Food Minimum Wage Frequently Asked Questions .

Fast food employers must post this Minimum Wage Order Supplement for Fast Food Restaurant Employees.

Supplemental Notice to H-2A Employees Effective March 15, 2024

2810.5 Supplemental Notice to H-2A Employees - English

2810.5 Supplemental Notice to H-2A Employees - Spanish

en espanol

California Minimum Wage Effective January 1, 2024

Sixteen dollars ($16) per hour for all hours worked, regardless of the size of the employer.

For more information on California minimum wage.

Workers

  • Learn about your rights as a worker
  • File a wage claim to recover your unpaid wages
  • File an Equal Pay Act Claim
  • Report a labor law violation
  • File a public works complaint
  • File a retaliation complaint if you’re fired, demoted, or punished for reporting labor law violations or workplace safety hazards
  • Obtain an electrician's certification
  • Agriculture Community Based Organization List

Employers

  • Review requirements before the first employee starts work (English) (Spanish)
  • 2810.5 Supplemental Notice to H-2A Employees (English) (Spanish)
  • Labor Law and Payroll Tax Online Seminars
  • Obtain required notices and posters
  • Learn about Wage Theft Prevention Act
  • Obtain licenses, permits, registrations, and certificates
  • Learn about Piece Rate Compensation (AB 1513)
  • Learn about Paid Sick Leave
  • Learn about Domestic Workers Bill of Rights
  • List of Port Trucking Companies with Outstanding Judgments (SB 1402)

California wildfires - FAQs on laws enforced by the Labor Commissioner's Office

Public Meetings

Current schedule of meetings available for the public Public Meetings.

Help make pay equity the norm in California. Tools and resources for employers, employees and unions to comply with the Equal Pay Act are now available.

Overtime Law for Agricultural Workers

Effective January 1, 2021, agricultural workers employed by employers with 26 or more employees must receive overtime (1.5 times the employee’s regular rate of pay) for all hours worked over 8.5 hours in any workday or over 45 hours in any workweek. AB 1066

Employer Requirement to Notify Employees of Inspection by Immigration Agencies

Requisitos del empleador de avisar al empleado de inspección por agencias de inmigración

中文 (Chinese)한국어 (Korean)TagalogTiếng Việt (Vietnamese)

Entertainment Industry Sexual Harassment Prevention Training Requirements

Beginning January 1, 2019, all talent agencies operating in California must provide their artists with educational materials on sexual harassment prevention, retaliation, reporting resources, nutrition and eating disorders.

Applicants for entertainment work permits for minors between the ages of 14 and 17 must also complete sexual harassment prevention training before obtaining a minor’s entertainment work permit.

  • More information on sexual harassment prevention training requirements in the entertainment industry

Update: Sexual Violence and Harassment Prevention Training for Janitorial Service Providers

Due to the end of the COVID-19 public health emergency, the biennial in-person sexual violence and harassment prevention training that janitorial employers must provide to their nonsupervisory and supervisory workers may now be conducted safely. The list of qualified organizations is posted on this website as of January 1, 2024. Consequently, janitorial employers must begin compliance with the biennial in-person sexual violence and harassment prevention training requirements under Labor Code section 1429.5. Please visit the sexual harassment prevention training page for additional information regarding the required training materials.

Piece Rate Workers

If you are an employee who was paid on a piece rate basis during the period of July 1, 2012 through December 31, 2015, the Labor Commissioner’s office may have collected wages for you from your employer for rest and recovery periods and other nonproductive time. If you believe your employer has paid those wages to the Labor Commissioner on your behalf, please complete this form and mail to the address below or take it to any local office of the Labor Commissioner. Please complete and submit a separate form for every employer who you think may have paid your wages to the Labor Commissioner.

Department of Industrial Relations
AB 1513 Application
Centralized Cashiering Unit
2031 Howe Avenue, Suite 100
Sacramento, CA 95825

Cómo Hacer un Reclamo al Fondo de Salario Impago

Si usted es un trabajador cuya paga entre el 1 de julio de 2012 y el 31 de diciembre de 2015 fue sobre la base de pago por pieza, el Comisionado Laboral puede haber recaudado sueldos de su empleador en concepto de períodos de descanso y otro tiempo improductivo. Si usted piensa que su paga ha sido enviada al Fondo de Sueldo Impago, por favor complete este formulario y envíelo a la dirección que figura a continuación o entréguelo personalmente en cualquier oficina del Comisionado Laboral. Por favor complete y envíe un formulario por cada empleador que, a su juicio, pueda haber enviado su paga al Comisionado Laboral.

Department of Industrial Relations
AB 1513 Application
Centralized Cashiering Unit
2031 Howe Avenue, Suite 100
Sacramento, CA 95825

Other Resources

  • Watch videos to learn about the wage claim process
  • Verify license or registration on database

Laws, Regulations, and Policies

  • Labor laws and regulations
  • Opinion letters
  • Wage Orders
  • DLSE Enforcement Manual
  • Minors in Employment

What's

New

en español



May 2024

May 24, 2024 California Awards 17 Prosecutors $8.55 Million to Prosecute Wage Theft

March 2024

March 26, 2024 California Labor Commissioner’s Office Reaches $2 Million Settlement with Fresno Restaurant for 32 Workers
March 5, 2024 2810.5 Supplemental Notice to H-2A Employees (English) (Spanish)

February 2024

February 16, 2024 The State of California Invests $18 Million to Prosecute Wage Theft
February 8, 2024 California Labor Commissioner’s Office Reaches $1 Million Settlement for Warehouse Workers in Inland Empire Wage Theft Case
February 1, 2024 DIR Reminds Homekey Employers They Must Pay the Prevailing Wage on Publicly Funded Projects

January 2024

January 23, 2024 California Labor Commissioner’s Office Reaches $1 Million Settlement with Cheesecake Factory, Janitorial Contractors
  • More News and Announcements
Division of Labor Standards Enforcement (2024)

FAQs

What triggers a DOL investigation? ›

Many are initiated by complaints. All complaints are confidential; the name of the worker and the nature of the complaint are not disclosable; whether a complaint exists may not be disclosed. In addition to complaints, WHD selects certain types of businesses or industries for investigation.

What is the penalty for not paying employees on time in California? ›

For any initial violation the penalty is one hundred dollars ($100) for each failure to pay each employee. For each subsequent violation or any willful or intentional violation the penalty is two hundred dollars ($200) for each failure to pay each employee, plus 25% of the amount of wages unlawfully withheld.

How to win a wage claim in California? ›

In California, you can win a wage claim by:
  1. understanding your legal rights,
  2. gathering evidence of a labor violation,
  3. filing a wage claim,
  4. helping with the investigation, and.
  5. attending the wage claim hearing.
Jun 22, 2024

What is the 10 hour rule in NYS? ›

An employee will be owed a spread of hours payment if the start of the first shift and end of the second shift is 10 hours or more, even if the employee is not working for 10 hours.

What not to say in a workplace investigation? ›

Phrases to Avoid and Why
  • “I'm not sure, but…” Speculating or making assumptions can muddle the facts, leading to misunderstandings. ...
  • “It's always been done this way”: This defense can imply resistance to change or justify inappropriate behavior based on tradition, which doesn't hold up under scrutiny.
May 16, 2024

How long does a DOL investigation take? ›

Learn how labor relations software can help employers manage this process. Labor board investigations typically last at least a few months, but there's no set timeline and each case is unique. In more complex cases, the process could potentially play out across several years.

What is the 7 minute rule for payroll in California? ›

Some California wage laws also closely follow federal law. Under federal law, an employer can round down working time lasting seven minutes or less. This can be disappointing, but the California Court of Appeals indicates that employees should at least break even in a rounding system if they work long enough.

Can I sue my employer for not paying me on time in California? ›

Employees' Rights to Unpaid Wages

The Labor Code provides remedies such as filing a claim with the Division of Labor Standards Enforcement (DLSE) also known as 'the labor commissioner'. Alternatively, one may file a lawsuit directly against their employer in court using civil litigation processes.

Can you get fired for refusing to work overtime in California? ›

Can an employer require an employee to work overtime? A. Yes, in general an employer may dictate the employee's work schedule and hours. Additionally, under most circ*mstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

How much is the average settlement for unpaid wages in California? ›

Average Settlement for Unpaid Wages in California
Severity of Unpaid Wage ClaimAverage Unpaid Wage Settlement Received
LowBetween $6,000 and $300,000
MediumBetween $300,000 and $500,000
HighBetween $500,000 and $3,000,000+
May 21, 2024

How do I report an employer for not paying in California? ›

You can file your claim by email, mail or in person, download a claim form, complete and print it, attach applicable documents and mail to the Labor Commissioner's Office.

How long does it take to settle a wage claim in California? ›

Common Timelines for California Wage Claims
Complexity of CaseTimeline to Settle
MinorApproximately: 3 – 6 months
ModerateApproximately: 6 – 12 months
HighApproximately: 12 – 24 months+
Dec 21, 2023

What is the longest shift you can legally work? ›

What is the Longest Shift You Can Legally Work? OSHA does not currently regulate extended and unusual work shifts. There is no limit on the number of hours the adult employee may be required to work. The decision to work employees in 8-hour shifts, 12-hour shifts, 16-hour shifts, etc., is at the employer's discretion.

Is it legal to work 7 days a week without a day off in New York? ›

Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. This is referred to as a day of rest, and the Guidelines (below) provide more specific details. Employers may apply for a variance from the day of rest requirement.

How to avoid mandatory overtime? ›

Employees can avoid mandatory overtime by:
  1. Understanding their employer's policies on overtime work. ...
  2. Negotiating terms during the hiring process.
  3. Being aware of state laws and regulations.
  4. Maintaining a healthy work-life balance.
Nov 3, 2023

What triggers a department of labor audit? ›

Employers should keep in mind that the U.S. Department of Labor (DOL) can audit employers at any time, although the most common reason for an audit is a complaint from an employee.

What triggers an internal investigation? ›

Common triggers of internal investigations are law enforcement or regulatory requests for information, subpoenas, media reports, audit reports, or whistleblower claims.

What is the reason for disciplinary investigation? ›

The reason for conducting an investigation is to determine if there is sufficient evidence to support an allegation of misconduct on the part of the staff member. In some cases, disciplinary investigations will be very formal and detailed because of the nature of the misconduct.

Why would an employee be investigated? ›

Workplace investigations typically take place for grave offenses and violations that can impact an organization's operations, legal compliance, and reputation.

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