Filing Complaints & Claims in California
California provides multiple avenues for enforcing employment rights. Depending on the violation, you may file complaints with the Civil Rights Department (CRD), the Labor Commissioner (DLSE), Cal/OSHA, or other agencies. Understanding statutes of limitations and exhaustion requirements is critical — some claims require filing an administrative complaint before you can sue in court.
Frequently Asked Questions
What are the statutes of limitations for employment claims in California?
Key deadlines: FEHA discrimination/harassment — 3 years to file with CRD; wage claims — 3 years for most Labor Code violations (Code Civ. Proc. § 338), 4 years under UCL; wrongful termination — 2 years (Code Civ. Proc. § 335.1); PAGA — 1 year; workers' comp — 1 year from injury; Cal/OSHA retaliation — 1 year. Once you receive a right-to-sue notice from CRD, you have 1 year to file suit.
How do I file a wage claim with the Labor Commissioner?
You can file a wage claim (also called a Berman hearing claim) with the Division of Labor Standards Enforcement (DLSE) online, by mail, or in person. There is no filing fee. The DLSE will investigate and schedule a conference, followed by a hearing if necessary. An attorney is not required. Claims must generally be filed within 3 years of the violation.
Do I need to file with an agency before suing in court?
It depends on the type of claim. FEHA claims require filing with CRD first (or requesting an immediate right-to-sue notice). Wage claims can go directly to court or through the DLSE. Workers' compensation claims must go through the workers' comp system. Labor Code retaliation claims generally do not require administrative exhaustion before filing suit.
What is a right-to-sue notice?
A right-to-sue notice is a document issued by the Civil Rights Department (CRD) that authorizes you to file a FEHA lawsuit in court. You can request an immediate right-to-sue notice at any time, or CRD will issue one after investigation. Once you receive the notice, you have one year to file a civil lawsuit. Without a right-to-sue notice, you generally cannot bring a FEHA claim in court.
Can I file multiple complaints with different agencies?
Yes, but be careful about overlapping claims and deadlines. For example, a discriminatory termination might give rise to a FEHA claim (CRD), a wrongful termination claim (court), and a PAGA claim (LWDA). Each has its own filing requirements and deadlines. An employment attorney can help coordinate multiple claims to maximize your recovery and avoid procedural pitfalls.
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California Fair Employment and Housing Act (FEHA) protections against workplace discrimination and harassment.
Wages & CompensationCalifornia wage laws covering minimum wage, overtime, meal and rest breaks, pay stubs, and final pay requirements.
Retaliation & WhistleblowerCalifornia protections for employees who report violations or exercise workplace rights.
Related Claims
California wrongful termination claims for firings that violate public policy, breach implied contracts, or involve fraud.
FEHA DiscriminationCalifornia FEHA discrimination claims covering protected classes, adverse employment actions, and the burden-shifting framework.
Wage TheftCalifornia wage theft claims for unpaid wages, overtime violations, meal and rest break premiums, and pay stub violations.
RetaliationCalifornia retaliation claims for adverse actions after whistleblowing, filing complaints, or exercising workplace rights.
PAGA ClaimsCalifornia Private Attorneys General Act (PAGA) representative actions for Labor Code violations and civil penalties.
CFRA Leave ClaimsCalifornia Family Rights Act (CFRA) claims for denial of leave, interference, and retaliation for taking family or medical leave.