Labor Commissioner Claims and Hearings

Do you have a pending Labor Commissioner Claim, or think you might need representation for an employment dispute? In California, an employee can file wage dispute 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).

THE GENERAL PROCESS

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.

If an agreement cannot be reached, a hearing may 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 after 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 COMMISSIONER HEARINGS

At the Rizzo Law Firm, 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. Kristin Rizzo, Esq. serves employees in the San Diego area through the Labor Commissioner process. If you are facing the possibility of a Labor Commissioner claim or hearing, call The Rizzo Law Firm for assistance.