Filing and deadlines
CRD, Labor Commissioner or EEOC: where to file a California workplace complaint
Which agency generally handles which workplace problem in California: the Civil Rights Department, the Labor Commissioner or the EEOC.
6 min readReviewed October 29, 2026Plain-English explainer
Last reviewed October 29, 2026
This website provides general information about California law and is not legal advice. Information here may not apply to your situation.
On this page
When something goes wrong at work, it can be hard to know who to call. In California, most workplace complaints go to one of three agencies: the California Civil Rights Department (CRD), the California Labor Commissioner, or the U.S. Equal Employment Opportunity Commission (EEOC). This article explains, in general terms, which kinds of issues each one handles and how long each generally gives you. It is general information, not advice about your situation.
The short answer
- Discrimination, harassment, related retaliation, and protected leave are generally handled by the CRD under California law.
- Unpaid wages, overtime, meal and rest breaks, and retaliation for wage, safety or whistleblower complaints are generally handled by the Labor Commissioner.
- Discrimination under federal law is generally handled by the EEOC.
Some issues fit more than one agency. Our Where to file tool can help you narrow it down.
How long each agency generally gives you
The chart shows common filing windows in months, counted from the event. Your own deadline can depend on your facts.
| Item | Value (months) |
|---|---|
| EEOC charge (300 days) | 10 months |
| Labor Commissioner retaliation complaint | 12 months |
| Lawsuit after a CRD right-to-sue notice | 12 months |
| CRD complaint | 36 months |
| Wage claim: overtime, breaks, minimum wage | 36 months |
| California Equal Pay Act claim | 36 months |
The EEOC window is 300 calendar days, shown as about 10 months. Wage claim windows range from 1 to 4 years depending on the type of claim.
Sources: EEOC: Time limits for filing a charge, Labor Commissioner: Retaliation complaint procedure, CRD: Obtain a right to sue, CRD complaint process
Wage claim windows come from the Labor Commissioner's How to file a wage claim page. The Equal Pay Act window comes from the California Equal Pay Act page.
California Civil Rights Department (CRD)
The CRD enforces California's civil rights laws at work. That includes discrimination and harassment based on protected traits, retaliation for opposing them, disability and pregnancy accommodations, family and medical leave (CFRA), and pregnancy disability leave (CRD: Employment).
Who it covers. Discrimination rules, CFRA and pregnancy disability leave apply to employers with 5 or more employees. Harassment is prohibited at workplaces of any size, and the protection also covers applicants, unpaid interns, volunteers and contractors (CRD: Employment).
Newer areas. Since January 1, 2025, protections for jury duty, court-ordered appearances and crime victim leave are part of the same law, and the CRD can enforce them (CRD 2024 legislative summary). Employers with 25 or more employees must give expanded time off to survivors of violence, and time off to get a restraining order applies to all employers (CRD: Survivors' right to time off).
How to start. You can submit an intake form online through the California Civil Rights System, by mail, or by calling 800-884-1684 (CRD: Employment). Our discrimination guide and harassment guide explain what these laws cover.
California Labor Commissioner
The Labor Commissioner's Office handles two main kinds of complaints.
Wage claims. These cover pay a worker believes is unpaid, such as minimum wage, overtime, meal and rest break pay, sick leave and paycheck deductions. A worker who thinks they were wrongly treated as an independent contractor can also raise that in a wage claim. Claims can be filed online, by email, by mail or in person, and labor laws protect all workers regardless of immigration status (How to file a wage claim). Our unpaid wages guide has more.
Retaliation complaints. These cover punishment for using rights under the Labor Code, such as complaining about pay or unsafe conditions, or reporting a suspected violation of the law. Most are generally due within 1 year of the retaliatory act (Retaliation complaint procedure). The Labor Commissioner notes that discrimination based on protected traits goes to the CRD instead (How to file a retaliation complaint). Our retaliation guide explains this further.
Equal pay. Since January 1, 2026, a California Equal Pay Act claim is generally due within 3 years after the last violation, and the law can reach back over the whole time the violation lasted, up to 6 years (California Equal Pay Act).
U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal laws against job discrimination and harassment, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act and the Genetic Information Nondiscrimination Act (EEOC: Federal laws).
Who it covers. Generally employers with 15 or more employees for Title VII, the ADA and genetic information, and 20 or more for age. Virtually all employers are covered by the federal Equal Pay Act (EEOC: Coverage).
Deadline. The federal deadline is generally 180 days, extended to 300 days in California because a state agency enforces a similar law (EEOC: Time limits).
How to start. You can submit an inquiry on the EEOC Public Portal, visit an office, call 1-800-669-4000, or mail a signed letter. The EEOC does not take charges over the phone (EEOC: How to file).
What "dual filing" means
The CRD and the EEOC share work. Because of their worksharing agreement, a charge filed with one is generally filed with the other too, and the agency where it was first filed usually keeps it (EEOC: How to file, EEOC: Dual filing).
That point comes from the CRD's right-to-sue page. After a right-to-sue notice, there is generally 1 year to file a lawsuit.
Starting a CRD complaint, in general
Step 1: Note your dates
Write down when the last event happened. CRD complaints are generally due within 3 years of the last harm.
Step 2: Submit an intake form
Online through the California Civil Rights System, by mail, or by phone.
Step 3: Talk with CRD
CRD reviews the intake and may interview you about what happened.
Step 4: Federal overlap
If federal law also applies, the complaint is generally dual filed with the EEOC.
Sources
- CRD: Employment
- CRD: Complaint process
- CRD: Obtain a right to sue
- CRD: 2024 legislative summary
- CRD: Survivors' right to time off
- Labor Commissioner: How to file a wage claim
- Labor Commissioner: Retaliation complaint procedure
- Labor Commissioner: How to file a retaliation complaint
- Labor Commissioner: California Equal Pay Act
- EEOC: Time limits for filing a charge
- EEOC: Coverage of private employers
- EEOC: Federal laws prohibiting job discrimination
- EEOC: How to file a charge
- EEOC: Dual filing