An unpaid worker wants to recover wages without hiring a lawyer or filing in court. Which California agency handles administrative wage claims?
Explanation
The Division of Labor Standards Enforcement, headed by the Labor Commissioner, hears wage claims administratively under Labor Code §98 - the 'Berman hearing' - at no cost to the worker and with no lawyer required. (a) is the licensing regulator; CSLB can discipline a license for failing to pay wages but cannot award the worker the money. (c) collects payroll taxes and pays unemployment and disability benefits; an unpaid worker who goes to EDD gets a tax investigation, not a wage award. (d) is Cal/OSHA, which enforces workplace safety, not payment.
Law Reference: Labor Code §§98, 98.1 (Berman hearing); DLSEThis topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- Under the ABC test, prong 'B' requires that the worker perform work that is:
- A general contractor misclassifies several framers as independent contractors to avoid payroll taxes and workers' compensation. Which is a likely consequence?
- Labor Code §226.8 penalizes the willful misclassification of employees as independent contractors. What civil penalty does it impose for a violation that is NOT part of a pattern or practice?
- After a worker files a wage claim with the Labor Commissioner, an evidentiary hearing may be held to resolve the dispute. What is this hearing commonly called?
- Under Labor Code §1194, an employee who successfully sues to recover unpaid minimum wage or overtime is entitled to recover, in addition to the unpaid wages:
- Generally, what is the statute of limitations for an employee to file a claim for unpaid overtime based on a statutory obligation in California?
Last reviewed: · editorial process