Updated January 14, 2026
How to Win Your California Wage Claim: A Simple Guide to Berman Hearings
There are some cases in which a lawsuit is not practical in recovering what you are owed in a California wage dispute. Regardless, it is always recommended to consult with an experienced employment lawyer before moving forward with your claim. That said, let’s dive in.
When your employer fails to pay proper wages, overtime, or final paychecks, you have the right to file a claim with the California Labor Commissioner's Office. This process, which typically leads to a "Berman hearing," provides a faster, more accessible alternative to filing a lawsuit.
Many workers hesitate to pursue wage claims because they find the process intimidating or confusing. However, with proper preparation, you can effectively present your case and significantly increase your chances of success.
Berman hearings were specifically designed to help employees recover unpaid wages without needing expensive legal representation. In fact, these administrative hearings resolve thousands of wage disputes annually, often resulting in full payment of owed wages plus penalties.
This guide will walk you through each step of the California wage claim process – from filing your initial paperwork to presenting evidence at your hearing and understanding what happens after a decision is made. We'll provide practical tips to help you navigate the system efficiently and maximize your chances of winning your claim.
Understanding the Berman Hearing Process
The Berman hearing represents California's solution to wage disputes that might otherwise go unresolved. Created in 1976 at the urging of Assemblyman Howard Berman, this process offers workers an alternative path to justice when facing wage theft.
What is a Berman hearing?
A Berman hearing is an administrative proceeding conducted by the California Labor Commissioner through the Division of Labor Standards Enforcement (DLSE). It serves as a forum where an employee's wage claim against an employer is evaluated and decided. Essentially, it functions as a mini-trial where both parties present evidence supporting their positions.
During these hearings, employees and employers can:
- Present testimony under penalty of perjury
- Call witnesses to support their claims
- Submit relevant documents as evidence
- Make their case before a deputy labor commissioner
The hearing is just one part of the DLSE's broader wage claim resolution process, which begins when an employee chooses to pursue a claim through the Labor Commissioner rather than filing a lawsuit.
Why it exists and who it helps
Berman hearings were specifically designed to create a "speedy, informal, and affordable method" for resolving wage disputes . The primary goal is avoiding "costly and time-consuming judicial proceedings in all but the most complex of wage claims" .
These hearings particularly benefit workers who lack resources to pursue traditional litigation. The process furthers the "important and long-recognized purpose of ensuring that employees are paid the wages they are owed" . Additionally, it creates a streamlined system that ensures quick resolution to employee claims while establishing disincentives for employers to file frivolous appeals against successful employees .
For many workers, a Berman hearing represents the most practical path to recovering unpaid wages. The system is intentionally designed to be accessible to laypersons without legal training or significant financial resources.
Key differences from a civil lawsuit
The Berman hearing process differs substantially from civil court proceedings:
Simplicity and accessibility: Unlike court cases, Berman hearings feature limited pleadings (just a complaint and answer), no pre-hearing discovery, and no formal witness lists . Furthermore, the rules of evidence are considerably relaxed, allowing information that might be excluded in court .
Less formality: Although testimony is given under oath, the proceedings are less intimidating than courtrooms. Moreover, parties don't need legal representation, though they may bring attorneys if desired .
Unique appeal protections: Perhaps most notably, the process includes special safeguards for successful employees. If an employee wins, the employer can only appeal by posting a bond for the full amount awarded . The Labor Commissioner may also represent the employee in appellate proceedings, and courts must award attorney's fees against employers who lose appeals .
Speed and efficiency: While court cases can drag on for years, Berman hearings are designed for quick resolution, although backlogs sometimes delay proceedings .
These distinctions make the Berman hearing an intentionally worker-friendly alternative to traditional litigation, balancing the power differential that often exists between employers and employees in wage disputes.
How to File a Wage Claim with the DLSE
Filing a wage claim in California starts a formal process to recover money your employer owes you. The Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner's Office, handles these claims through a straightforward process designed for workers.
Where and how to submit your claim
California provides several options for submitting your wage claim. Initially, you must decide which filing method works best for your situation:
- Online: File through the Labor Commissioner's website
- Email: Send completed forms to your local DLSE office
- Mail: Submit printed forms to the appropriate regional office
- In person: Deliver documents directly to a Labor Commissioner's Office
Given these points, ensure you file with the correct regional office—there are 18 throughout California. Submit your claim to the office that handles wage claims for the location where you performed the work. Filing with the wrong office can cause months of delay and may require re-filing .
For assistance completing forms, visit or call a Labor Commissioner's Office near your location. The DLSE website offers a search tool to find the nearest office using your zip code .
Documents and evidence you need
To file your claim, you must complete the Initial Report or Claim Form (DLSE Form 1). Depending on your specific situation, you might need additional forms:
- DLSE Form 55: For unpaid wages or meal/rest period violations
- DLSE Form 155: For commission pay claims
- DLSE Vacation Pay Schedule: For vacation wage claims
Throughout the process, supporting documentation strengthens your case. While not required at filing, collecting the following evidence benefits your claim:
- Pay stubs showing wages paid during your claim period
- Time records, including personal notes or calendars marking hours worked
- Dishonored paychecks that couldn't be cashed due to insufficient funds
- Notice to Employee documents showing employment and wage information
- Collective bargaining agreements (if applicable)
Remember that employers are legally required to keep accurate records of time worked and provide itemized wage statements. Nonetheless, maintaining your own records of hours worked and wages paid provides valuable support for your claim .
Deadlines and statute of limitations
Prior to filing, understand that strict time limits apply. For most wage violations, you must file within:
- One year: For penalties regarding bounced checks or failures to provide payroll/personnel records
- Two years: For oral promises to pay more than minimum wage
- Three years: For minimum wage violations, overtime, unpaid rest/meal breaks, sick leave, illegal deductions, or unpaid reimbursements
- Four years: For claims based on written contracts
Even more specifically, unpaid wages, overtime, and meal/rest break violations must be filed within three years from the date of the violation . Waiting time penalties for late payment of final wages follow the same deadline as the wages from which they arise .
Upon submitting your claim, the Labor Commissioner's Office will notify both you and your employer about next steps, typically scheduling a settlement conference where a Deputy Labor Commissioner will attempt to help both parties reach an agreement .
Filing promptly increases your chances of recovering owed wages. As a result, experts recommend submitting your claim as soon as possible after experiencing wage theft, even though statutory deadlines may allow more time .
What Happens After You File
Once your California wage claim is submitted, the process enters a critical phase where the state evaluates your case. Understanding what happens next helps you navigate the system effectively.
Initial review by the DLSE
After receiving your claim, the Division of Labor Standards Enforcement (DLSE) assigns it to a Deputy Labor Commissioner who conducts an initial evaluation. Within 30 days of filing, the deputy must notify you about which action will be taken regarding your claim .
During this review, the deputy examines your documentation and determines the most appropriate next steps based on the specific circumstances of your case. Some deputies manage hundreds of cases simultaneously, which can affect processing times .
Possible outcomes: conference, hearing, or dismissal
Following the initial review, your case will follow one of three paths:
- Referral to a conference – The most common outcome where both parties attempt informal resolution
- Direct referral to a hearing – Less common but may occur if the case clearly requires formal evaluation
- Dismissal – If the claim lacks legal merit
Subsequently, if your case proceeds to a conference, you'll receive a "Notice of Claim Filed and Conference" by mail, typically within 2-3 weeks of filing . This document confirms that the Labor Commissioner received your claim and provides details about the conference date and location.
The waiting period between filing and conference scheduling varies considerably, generally ranging from 3-9 months depending on your local office's workload . Offices in busy areas like the Bay Area or Los Angeles often experience longer delays.
Importance of attending the settlement conference
Your presence at the settlement conference is absolutely mandatory. If you fail to attend without showing good cause, your claim will be dismissed immediately . Conversely, if your employer doesn't appear, your case will typically advance to a formal hearing .
The settlement conference itself is conducted informally, and neither party testifies under oath . A Deputy Labor Commissioner leads the discussion, reviewing basic case facts and encouraging both sides to reach a resolution. You won't need to present evidence or witnesses at this stage .
Indeed, many cases resolve during these conferences. If settlement occurs, the DLSE provides official forms to document the agreement . Consider settlement offers carefully—while accepting means faster payment, you might receive less than the full amount owed.
If no resolution is reached, the deputy determines whether to schedule a hearing (which typically occurs 12-18 months after the conference) or dismiss the claim .
Throughout the process, maintaining communication with the DLSE is essential. Always update the deputy labor commissioner in writing about any changes to your address or phone number, including your full name and claim number .
Preparing for the Berman Hearing
Your hearing date is approaching, and thorough preparation now will dramatically increase your chances of winning your California wage claim.
What to expect at the hearing
The Berman hearing resembles a simplified trial, typically lasting 1-2 hours, yet occasionally extending to a full day . Upon arrival, both parties and witnesses will be sworn in, and all testimony will be audio recorded . Hearings follow an informal structure without strict rules of evidence, allowing the hearing officer considerable discretion .
The hearing officer controls:
- Which witnesses testify
- The order of testimony
- Which evidence is accepted
- Taking notice of public records
How to organize your evidence
Documentation is crucial. The hearing officer will only consider evidence presented during the hearing, so organization is essential . Most importantly, prepare three sets of every document—one for yourself, one for the hearing officer, and one for your employer .
For remote hearings, submit an appearance sheet listing all participants and your documentary evidence at least two weeks beforehand .
Strong evidence typically includes:
- Personal time records (notebooks, spreadsheets, calendars)
- Text messages or emails from supervisors
- Pay stubs and time-keeping records
- Employment agreements and employee handbooks
Tips for presenting your case effectively
First and foremost, create a chronological timeline of events related to your claim . Certainly, preparing an opening statement (about 5 minutes) outlining what your evidence will show helps frame your case effectively .
Develop an outline for each witness's testimony and potential cross-examination questions for your employer's witnesses . Above all, review your evidence repeatedly until you can discuss all details confidently without notes.
Throughout the hearing, listen carefully to questions before answering and address the hearing officer respectfully.
Do you need a lawyer?
While the system was designed for employees to represent themselves, legal representation might benefit you in certain situations . Legal experts possess specialized knowledge of California labor laws and may identify claims others miss .
In complex cases involving multiple witnesses or claims spanning extended periods, an attorney's assistance proves especially valuable . Still, many workers successfully navigate hearings without legal representation.
Ultimately, the hearing officer will make a decision within 15 days after the hearing . This decision, called an Order, Decision or Award (ODA), will be mailed to both parties. Afterward, either party may appeal within 15 days (20 days for out-of-state addresses) .
After the Hearing: Decisions and Appeals
After your Berman hearing concludes, the waiting begins for the hearing officer's decision on your California wage claim. This final stage determines whether you'll receive your unpaid wages and how to proceed if either party disagrees with the outcome.
Understanding the Order, Decision, or Award (ODA)
Within 15 days after your hearing, the hearing officer will issue an Order, Decision, or Award (ODA) . This document contains three essential elements:
- A summary of the hearing
- The reasons behind the decision
- Any financial award granted
The ODA arrives by mail and explains your rights regarding payment or appeal. Consequently, this document serves as the official ruling on your wage claim and becomes legally binding if not appealed .
How to appeal if you disagree
Either party may appeal the ODA within 10 days after service (15 days if served by mail) . The appeal process includes several important requirements:
First, employers must post a bond equal to the award amount before filing an appeal . This requirement ensures payment to employees if the appeal fails.
The appeal initiates a "de novo" trial in Superior Court, meaning the case is heard completely anew, as if the Berman hearing never occurred . Notwithstanding this fresh start, the fee structure heavily favors employees – if an employee wins any amount (even just $1), the employer must pay the employee's attorney fees .
What happens if the employer doesn't pay
If your employer neither appeals nor pays within 10 days, the Labor Commissioner automatically forwards the ODA to Superior Court . Thereafter, it becomes a legal judgment against your employer .
Once converted to a judgment, the award can be enforced through various collection methods, including:
- Property liens
- Bank account levies
- Other judgment enforcement mechanisms
The Labor Commissioner's Office may even assist in prosecuting actions to collect the judgment .
Conclusion
Fighting for your unpaid wages through a Berman hearing might seem daunting at first, but armed with knowledge of the process, you stand a much better chance of success. California's wage claim system specifically exists to help workers like you recover money rightfully earned without expensive legal battles.
Throughout this guide, we've walked through each critical step of the wage claim process. From properly filing your initial paperwork to effectively presenting evidence at your hearing, these steps create a clear pathway to potential recovery. Remember that documentation remains your strongest ally – paystubs, time records, and communication with your employer all strengthen your position significantly.
Many workers hesitate to pursue claims due to fear or confusion about the process. However, the system was designed with accessibility in mind, allowing you to represent yourself effectively in most cases. The Labor Commissioner's Office handles thousands of successful claims annually from people just like you.
Time limits matter tremendously when dealing with wage claims. Filing promptly increases your chances of recovery and prevents your claim from being barred by statutes of limitations. Should your employer fail to pay after a decision, the system includes enforcement mechanisms to help collect your judgment.
Wage theft affects countless California workers each year. Taking action not only helps recover your money but also discourages employers from continuing illegal practices. Your successful claim creates accountability and potentially protects future workers from similar treatment.
Preparation makes the difference between winning and losing your case. Organize your evidence carefully, practice explaining your situation clearly, and approach each step with confidence. The hearing officer needs to understand precisely why you deserve the wages claimed.
Workers deserve fair compensation for their labor. California law provides robust protections, but these protections only work when employees actively assert their rights. Your decision to pursue a wage claim represents an important stand for workplace justice.
References
https://www.dir.ca.gov/dlse/howtofilewageclaim.htm
https://www.dir.ca.gov/dlse/policies.htm
https://www.dir.ca.gov/dlse/dlseWageHearing.html
https://www.dir.ca.gov/dlse/dlseAfterHearing.html
If you’re employed by a California employer, contact an expert Wage Theft Attorney first, for expert assistance regarding your case. Call today for a free and confidential consultation.
