In this guide11 sections
Labor Code §98.7 lets you file a retaliation complaint with the California Labor Commissioner within one year after you were fired, demoted, disciplined or otherwise punished for using a right the Labor Commissioner enforces, and the Commissioner can extend that deadline for good cause. The section also sets out how the Commissioner investigates, what it can order an employer to do, and what happens if your complaint is dismissed.
Section 98.7 is a procedure statute: the rights themselves come from other laws, such as Labor Code §98.6 for wage complaints, §1102.5 for whistleblowing and §6310 for safety complaints. For step-by-step help choosing where and how to bring your claim, see our guide to filing a retaliation claim in California.
- Labor Code 98.7 gives you one year after the retaliation to file a complaint with the Labor Commissioner, extendable for good cause.
- It covers retaliation under any law the Labor Commissioner enforces, from wage complaints (§98.6) and whistleblowing (§1102.5) to safety complaints, sick leave and immigration threats.
- If the Commissioner finds a violation, it can order reinstatement, back pay with interest and penalties, and the employer has 30 days to comply.
- You don’t have to file with the Commissioner before suing, and filing pauses the deadline for a related lawsuit while your complaint is pending.
- In safety cases under §6310 and §6311 you can also file with the U.S. Department of Labor within 30 days.
What Labor Code §98.7 says
The current text of section 98.7 took effect January 1, 2021, when AB 1947 (Statutes of 2020, chapter 344) lengthened the filing deadline from six months to one year.
| Subdivision | What it says (paraphrased) |
|---|---|
| (a)(1) | A person who believes they were discharged or discriminated against in violation of any law under the Labor Commissioner’s jurisdiction may file a complaint “within one year after the occurrence of the violation.” The Commissioner may extend that for good cause. A discrimination complaint investigator handles it. |
| (a)(2) | The Commissioner may investigate on its own, without a complaint, when it suspects retaliation, including retaliation spotted during a wage claim or a field inspection, or suspected immigration-related threats under Labor Code 244, 1019 or 1019.1. |
| (b) | How the investigation works, and the Commissioner’s power to ask a court for temporary injunctive relief, such as reinstatement while the case is pending, when there is reasonable cause to believe a violation occurred. |
| (c) | If the Commissioner finds a violation, it may issue a determination or a citation. The employer has 30 days to comply; if it doesn’t, the Commissioner must sue promptly. |
| (d) | If the Commissioner finds no violation, it dismisses the complaint and tells you that you can sue. Court deadlines are tolled while your complaint is pending. |
| (e) | The Commissioner must notify the parties of its determination no later than one year after the complaint is filed. Only a complainant in a §6310 or §6311 safety case can appeal a determination. |
| (f)–(g) | The section doesn’t limit other remedies, and “there is no requirement that an individual exhaust administrative remedies or procedures.” |
Who can file under section 98.7
Anyone who believes they were punished in violation of a law the Labor Commissioner enforces can file. That includes current and former employees and, under laws that protect them, job applicants. The Labor Commissioner keeps a list of the laws it enforces. A few examples:
- Complaining about unpaid wages or other Labor Code violations (Labor Code 98.6).
- Reporting a suspected violation of law, or refusing to break the law (Labor Code 1102.5).
- Making a safety complaint or refusing hazardous work (Labor Code 6310 and 6311).
- Using or asking about paid sick leave (Labor Code 246.5).
- Discussing your pay or working conditions (Labor Code 232 and 232.5).
- Asking for lactation breaks (Labor Code 1033) or warehouse quota information (Labor Code 2104 and 2105).
- Immigration-related threats used as retaliation (Labor Code 244, 1019 and 1019.1).
Discrimination because of race, sex, disability, age or another protected trait goes to the California Civil Rights Department instead, not the Labor Commissioner. The Labor Commissioner says it will not question your immigration status, and you don’t need a Social Security number or photo ID to file a retaliation complaint.
How the process works, step by step through the statute
Filing and intake (subdivision (a))
The complaint is assigned to a discrimination complaint investigator, and the Commissioner must give both sides a summary of its procedures at first contact. In §6310 and §6311 safety cases, the Commissioner must also tell you that you can file a separate, concurrent complaint with the U.S. Department of Labor within 30 days after the violation.
Investigation and early relief (subdivision (b))
The investigator can interview you, your employer and witnesses and review documents. Witness identities stay confidential unless disclosure is necessary. The Commissioner can hold a hearing and issue subpoenas. If it finds reasonable cause to believe a violation occurred, it can ask a superior court for temporary injunctive relief. In deciding whether that relief is appropriate, the court must consider “the chilling effect on other employees asserting their rights,” and the relief isn’t stayed while the employer appeals.
Two limits matter. The Commissioner may close its investigation if you file a lawsuit based on the same or similar facts. And it may decline a complaint if you already challenged the action through the State Personnel Board, another internal government procedure, or a union grievance under a contract with antiretaliation protections.
Determination or citation (subdivision (c) and §98.74)
If the Commissioner finds a violation, it can issue a written determination or, under Labor Code 98.74, a citation. Either can order the employer to stop the violation and to make you whole, including rehiring or reinstatement, lost wages with interest, the penalties the underlying statute allows, and posting a notice to employees. A determination can also order payment of reasonable attorney’s fees associated with any hearing the Commissioner held. An employer that receives a citation has 30 days to request an informal hearing; otherwise the citation becomes final.
Dismissal and your right to sue (subdivision (d))
If the Commissioner finds no violation, it dismisses the complaint and must tell you that you can bring your own lawsuit. Filing with the Commissioner pauses (tolls) the deadline for a related court action from the date you filed until the determination issues. A complainant can be ordered to pay the employer’s attorney’s fees for a Commissioner hearing only if the complaint was frivolous, unreasonable or groundless and brought in bad faith.
Appeals (subdivision (e))
Determinations are final and can’t be appealed administratively, with one exception: in §6310 and §6311 safety cases, the complainant can appeal to the Director of Industrial Relations, stating the grounds “in full detail.” The Director’s decision then becomes the Labor Commissioner’s determination.
The one-year clock under section 98.7 starts with the retaliation itself. We can help you decide whether the Labor Commissioner, a lawsuit or both makes sense for your situation.
Exceptions and special deadlines
- Different deadlines in a few laws: the Labor Commissioner notes that retaliation for child day care licensing complaints has shorter deadlines (45 days to present the claim to the employer and 90 days to the Labor Commissioner), Equal Pay Act claims have their own time limits, and other statutes on its list set their own timelines.
- Good cause: the one-year deadline can be extended for good cause, but don’t count on it.
- Presumption windows aren’t deadlines: the 90-day presumption in §98.6, or the 30-day presumption for sick leave in §246.5, describes when timing alone suggests retaliation. It doesn’t shorten your one year to file.
Penalties and remedies
- Make-whole relief: reinstatement, back pay with interest, and removal of the retaliation’s effects.
- Penalties from the underlying law: for example, up to $10,000 per employee for each violation under §98.6 or §1102.5, paid to the worker.
- Enforcement: if the employer doesn’t comply within 30 days, the Commissioner must sue promptly, and the statute requires that action to be started within three years of when it accrues. If it fails to act promptly, you can seek a writ of mandate and recover court costs and reasonable attorney’s fees if you win.
- Ignoring a court order: an employer that willfully refuses to comply with a court order is liable for $100 per day, up to $20,000, paid to the affected employee.
Deadlines at a glance
| Step | Deadline | Source |
|---|---|---|
| File your retaliation complaint | 1 year after the violation (good-cause extension possible) | Labor Code 98.7(a)(1) |
| Concurrent federal complaint (safety cases) | 30 days after the violation | Labor Code 98.7(a)(1) |
| Commissioner’s determination | No later than 1 year after filing | Labor Code 98.7(e) |
| Employer complies with a determination | 30 days after notice | Labor Code 98.7(c)(1) |
| Employer requests a hearing on a citation | 30 days after service | Labor Code 98.74 |
Related sections
| Law | What it adds |
|---|---|
| Labor Code 98.6 | Bars retaliation for wage complaints and other Labor Code rights; 90-day presumption; up to $10,000 per violation |
| Labor Code 1102.5 | Whistleblower protection for reporting suspected violations of law |
| Labor Code 6310 and 6311 | Safety complaints and refusing unsafe work; the only §98.7 cases with an administrative appeal |
| Labor Code 98.74 | The Commissioner’s citation process and the employer’s hearing and writ rights |
| Labor Code 244 | No exhaustion of administrative remedies unless a statute requires it; immigration-status threats as adverse actions |
| Labor Code 1019 | Unfair immigration-related practices used as retaliation |
How it plays out
💡 Example: Jordan, a hypothetical delivery driver earning $1,000 a week, tells his manager on February 2, 2026 that his overtime is missing from his checks. He is fired on February 20, 2026, 18 days later. Because that is within 90 days, §98.6 creates a rebuttable presumption of retaliation. Jordan has until February 20, 2027 to file a §98.7 complaint. He is out of work for 10 weeks before finding a job at the same pay, so his lost wages are $1,000 × 10 = $10,000. If the Labor Commissioner finds retaliation, it can order that back pay with interest, a §98.6 penalty of up to $10,000 paid to Jordan, and reinstatement. If he files with the Commissioner on April 1, 2026, the deadline for a related lawsuit is paused from that date until the Commissioner decides.
What to do
- Write down the date of your complaint or other protected activity and the date of each change that followed.
- Keep pay stubs, schedules, reviews and any written discipline or termination notice. The Labor Commissioner suggests gathering records from before and after you used your rights.
- Decide early whether to file with the Labor Commissioner, go to court, or both. Section 98.7 doesn’t require you to file administratively first, and our retaliation claim guide and Labor Commissioner vs. lawyer comparison walk through that choice.
- Don’t wait for the last day of the one-year window, and get advice before signing any severance agreement or release.
Frequently asked questions
Do I have to file with the Labor Commissioner before I sue?
No. Section 98.7(g) says there is no requirement to exhaust administrative remedies, and Labor Code 244(a) says the same for Labor Code lawsuits generally unless a specific statute requires it.
What if I missed the one-year deadline?
The Commissioner can extend the deadline for good cause. Even without an extension, you may still be able to file a lawsuit, because court deadlines for retaliation claims are set by other statutes and vary by claim. The Labor Commissioner also points to a private lawsuit as an option if you miss its deadline.
Does filing a §98.7 complaint stop the clock on a lawsuit?
Yes. Under subdivision (d), the deadline for a related court action is tolled from the day you file with the Commissioner until it issues its determination.
Can I appeal if my complaint is dismissed?
Only complainants in §6310 and §6311 safety retaliation cases can appeal, to the Director of Industrial Relations. In other cases, your path after a dismissal is a lawsuit, and the Commissioner must tell you that right exists.
Will the Labor Commissioner ask about my immigration status?
No. The Labor Commissioner says it does not question immigration status and does not require a Social Security number or photo ID to file a retaliation complaint.
Sources
- Labor Code 98.7 (California Legislative Information)
- Labor Code 98.74
- Labor Code 98.6
- Labor Code 244
- Labor Commissioner: How to file a retaliation complaint
- Labor Commissioner: Laws prohibiting retaliation and discrimination
- Labor Commissioner: Settlements and determinations
- Labor Commissioner: Prepare to file your complaint
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
