Where to file a workplace complaint in California
Which agency handles a complaint depends on what happened. Below are the official places a California worker can go, what each one handles, and a link to each agency's own filing page.
Step by step
Choose where to file
Start with what happened, then compare these agency paths. Deadlines can depend on your facts, so talk to a lawyer soon.
Choose a step to read more.
What is the problem mainly about?
Discrimination, harassment, or related retaliation
Unpaid wages or retaliation for a labor complaint
Read this as text
- Write down what happened. Write down dates, names, and what was said or done. Gather records that can help explain what happened. Source: CRD complaint process
What is the problem mainly about?
Discrimination, harassment, or related retaliation
- Submit an intake form. For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. Source: CRD complaint process
- Discuss your complaint. At an intake interview, you can explain what happened. CRD reviews the information and decides whether it can accept the complaint for investigation. Source: CRD complaint process
- Review your next steps. If CRD accepts the complaint, it can investigate the facts. You do not have to use the CRD investigation, but before filing your own employment lawsuit instead, you must first get an immediate Right-to-Sue notice from CRD. Source: CRD complaint process
- Check the lawsuit deadline. After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. Deadlines can depend on your facts, so talk to a lawyer soon. Source: Government Code section 12965
Unpaid wages or retaliation for a labor complaint
- Choose the right form. Wage claims and retaliation complaints are filed separately with the Labor Commissioner. The wage claim form only files a wage claim. Source: Labor Commissioner: How to file a wage claim
- File a wage claim. Wage claims must be filed within three years for minimum wage, overtime, meal and rest breaks, sick leave, deductions not allowed by law, and unpaid reimbursements. The deadlines are within four years for a written contract, within two years for an oral promise to pay more than minimum wage, and within one year for certain penalties. Deadlines can depend on your facts, so talk to a lawyer soon. Source: Labor Commissioner: How to file a wage claim
- File a retaliation complaint. Retaliation complaints generally must be filed within one year of the retaliatory act, with some exceptions listed on the agency page. Deadlines can depend on your facts, so talk to a lawyer soon. Source: Labor Commissioner: How to file a retaliation complaint
- Ask about an extension. The one-year retaliation deadline may be extended for good cause. Do not assume an extension applies to your complaint. Source: Labor Code section 98.7
- Follow the wage process. After a wage claim is filed, the Labor Commissioner investigates whether wages or benefits are owed. In most cases, the agency schedules a meeting to try to resolve the claim. If the issues are not resolved at that meeting, a hearing is scheduled to review the evidence. Source: Labor Commissioner: How to file a wage claim
California Civil Rights Department (CRD)
What it handles
Discrimination, harassment, and related retaliation under California's Fair Employment and Housing Act (FEHA), plus CFRA family and medical leave and pregnancy disability leave.
You start by submitting an intake form. CRD then decides whether it can accept the complaint for investigation.
You do not have to use the CRD investigation. You can file your own lawsuit instead, but in employment cases you must first get an immediate Right-to-Sue notice from CRD.
Deadlines the agency states
- For employment complaints, you must submit an intake form to CRD within 3 years of the unlawful act. In limited cases this can be extended, for example up to 90 days when you discovered the facts later, or up to 1 year after you turn 18 if you were a minor. (Government Code section 12960.) Source: CRD complaint process
- After you receive a right-to-sue notice, you generally have 1 year from the date of the notice to file a lawsuit. That period can be paused in some situations, such as during CRD dispute resolution. (Government Code section 12965.) Source: Government Code section 12965
- If you also want to keep federal rights, the EEOC deadline for California workers is generally 300 days from the discrimination. Source: EEOC: Time limits for filing a charge
How to file
Related guides: Discrimination overview, Harassment overview, Retaliation, Medical leave (CFRA)
U.S. Equal Employment Opportunity Commission (EEOC)
What it handles
The federal versions of discrimination, harassment, and retaliation claims, under laws such as Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act.
Federal laws cover fewer employers than California law, because most of them apply only above a certain number of employees.
Filing a charge with either the EEOC or CRD generally counts as filing with the other agency.
Deadlines the agency states
- For California workers, the deadline to file an EEOC charge is generally 300 calendar days, including for age claims, because California has its own law on the same bases. Source: EEOC: Time limits for filing a charge
- Federal law only: under the federal Equal Pay Act, the deadline is 2 years from the last discriminatory paycheck, or 3 years if the discrimination was willful. California's own Equal Pay Act has a different deadline (see the Labor Commissioner). Source: EEOC: Time limits for filing a charge
How to file
Related guides: Discrimination overview, Age discrimination, Sexual orientation discrimination
California Labor Commissioner (DLSE)
What it handles
Unpaid wages, final pay, wage statements, and many retaliation complaints, including retaliation for complaining about pay or working conditions and many whistleblower complaints.
Wage claims and retaliation complaints are filed separately. The wage claim form only files a wage claim.
California's labor laws protect all workers, regardless of immigration status.
Discrimination based on a protected characteristic, such as race, sex, or disability, is filed with CRD instead.
Deadlines the agency states
- Wage claims: within three years for minimum wage, overtime, meal and rest breaks, sick leave, illegal deductions, and unpaid reimbursements; within four years for a written contract; within two years for an oral promise to pay more than minimum wage; within one year for certain penalties. Source: Labor Commissioner: How to file a wage claim
- Retaliation complaints: generally within one year of the retaliatory act, with some exceptions listed on the agency page. Source: Labor Commissioner: How to file a retaliation complaint
- The one-year retaliation deadline may be extended for good cause. Source: Labor Code section 98.7
- California Equal Pay Act claims: within 3 years, and you may recover pay going back up to 6 years. These claims can be filed with the Labor Commissioner, with CRD, or in court. Source: Labor Commissioner: California Equal Pay Act
How to file
- How to file a wage claim
- How to file a retaliation complaint
- File a California Equal Pay Act claim online
Related guides: Unpaid wages and final pay, Retaliation, Whistleblower protections, Sex and gender discrimination
Cal/OSHA
What it handles
Workplace safety and health hazards.
Cal/OSHA must keep the name of the person who complains confidential unless that person asks otherwise.
Cal/OSHA does not handle unpaid wages. If you were punished for raising a safety concern, a retaliation complaint goes to the Labor Commissioner.
Deadlines the agency states
Check the agency's page for any time limits that apply.
How to file
Related guides: Retaliation
Employment Development Department (EDD)
What it handles
Unemployment insurance benefits after a job loss or a cut in hours.
To qualify, EDD says you must be unemployed through no fault of your own, physically able to work, and available for work.
EDD says that even if you quit, were fired, or were incorrectly classified as an independent contractor, you may still qualify, and there is no penalty for applying.
An unemployment claim is separate from any complaint against an employer.
Deadlines the agency states
Check the agency's page for any time limits that apply.
How to file
Related guides: Wrongful termination
Deadlines apply to most complaints and can depend on your facts, so talk to a lawyer soon. You can file with an agency on your own.
This website provides general information about California law and is not legal advice. Information here may not apply to your situation.
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