Should I file with the Labor Commissioner instead of small claims for a final paycheck claim?

Frequently, yes, and it's worth weighing both paths before deciding. A wage claim filed with the Division of Labor Standards Enforcement, the state agency commonly called the DLSE, costs nothing to file, and the state itself handles serving your former employer, removing that burden from you. The resulting hearing, called a Berman hearing, is specifically designed to be navigated without an attorney.

The tradeoff is speed, DLSE claims are considerably slower, often taking six to twelve months before you get a hearing date. As a general guide, the DLSE tends to make more sense when the amount at stake is large or the underlying facts are genuinely contested, while small claims tends to make more sense when you want a hearing in roughly two months and your total claim is under the $12,500 small claims limit.