PRACTICE AREAS
Involved With a Labor Commissioner Claim or Hearing?
Hire a San Diego Employment Attorney
In California, an employee can file wage disputes claims for minimum wage, overtime pay, expense reimbursement, meal and rest periods, and other claims for violations of other California labor laws with the Office of the Labor Commissioner of the Division of Labor Standards Enforcement (DLSE). Upon receiving a claim, the office of the Labor Commissioner may investigate the merits of the claim by accessing employer records and other information. The parties may also be required to attend an informal conference with a Deputy Labor Commissioner. During this conference, the parties may agree to settle the matter by reaching an agreement regarding the amount owed the employee.
Hearings Before the Labor Commissioner
If an agreement cannot be reached, a hearing will be scheduled. During the hearing, each party is permitted to retain the legal representation of an attorney. However, the presence of an attorney is not required.
Many employees prefer filing a claim with the Labor Commissioner’s office over suing their employers in court. This is because it is sometimes less formal, quicker, and more cost-effective than bringing a lawsuit. However, it is important to note that hearings before the Labor Commissioner do not adhere to the rules of evidence, and employees cannot recover their attorneys’ fees in most cases.
The Appeals Process
The Labor Commissioner will issue a ruling within 15 days of the hearing. Once a decision has been entered by the Labor Commissioner, the parties have 10 days to appeal the decision to the California Superior Court. All appeals from Labor Commissioner decisions are reviewed de novo, which means that a new trial is conducted where each party has the opportunity to present his or her case before a judge. If the parties are represented by attorneys, attorneys’ fees may be awarded to the prevailing party.
Providing Legal Representation During Labor Commission Hearings
At Pope, Berger & Williams, LLP, we understand the importance of quickly resolving employment claims. We strive to help our clients through Labor Commissioner hearings as efficiently and effectively as possible, to ensure a favorable result. We have been serving both employers and employees in the San Diego area for years and we do our best to help our clients eliminate employment problems before they get worse. If you are facing the possibility of a Labor Commissioner claim or hearing, contact a San Diego employment lawyer at our firm for assistance.
