![]() ![]() Give copies to the employee, the deputy labor commissioner and witnesses, and keep one for reference. Co-workers are often more compelling witnesses because they likely don't have a vested interest in the case and therefore may have a higher level of credibility.įor the hearing, DeBacker suggests preparing at least four binders with copies of any evidence. If the matter does go to a hearing, the employer should consider bringing witnesses that are not the owner or principal of the company, he added. In most cases, it's a question of how convincing the employer's evidence is. There may be some uncertainty as to what happened, he said. "If it's clear that you will lose the claim, you might as well settle up rather then come back and face certain doom," he said.īut the cases aren't always that clear. For example, it's an obvious violation if an employee was fired and didn't receive a final paycheck on the last day of work. If so, the employer may want to quickly settle the claim. Prior to the conference, the employer should assess whether the business is likely to be found liable, Olmsted said. The hearing will be recorded and any witnesses will testify under oath.Įmployers should understand the claim and gather any supporting documents such as payroll records, handbook policies, performance documents and disciplinary actions. Next, if the matter isn't settled, a more formal hearing will be scheduled, and the employer will the receive a Notice of Hearing. The commissioner usually finds enough evidence to move to a hearing, and then time during the conference is devoted to settlement discussions.Įmployers should be prepared to settle and should have the employee sign a settlement agreement with a release of claims. If the employee doesn't show up, the claim will be dismissed unless the employee has a good reason for missing the meeting.ĭuring the conference, the deputy labor commissioner may amend the complaint or dismiss it if there isn't a valid claim-but that rarely happens, Olmsted said. If the employee has sufficiently established a case, the matter will proceed to the more formal hearing. "If the employer cannot or does not appear, the deputy labor commissioner may discuss the matter with the claimant," she explained at the California State Council of the Society for Human Resource Management's 2018 California State Legislative & HR Conference. The employee will have the opportunity to discuss what is written in the claim form and the employer will be able to present its side.Įmployers should be sure to show up for the conference, said Jeanine DeBacker, an attorney with McPharlin Sprinkles & Thomas, in San Jose. This is a preliminary meeting to discuss the basis for the charge, he noted. First, the employer will receive a notice of conference with instructions to appear at a certain date and time. The claim process generally happens in two rounds, explained Christopher Olmsted, an attorney with Ogletree Deakins in San Diego. ![]() When a worker files a wage claim with the labor commissioner, an employer will get a letter from the DLSE. The most common employer violations were the failure to carry workers' compensation insurance and to give employees itemized wage statements. In fiscal year 2015–2016, the division's Bureau of Field Enforcement conducted 2,424 inspections and issued citations for 2,072 violations, according to an agency report. ![]() Under the state labor code, the labor commissioner (who leads the DLSE) and deputies have "free access to all places of labor." They have the authority to investigate employee complaints and to hold hearings "in any action to recover wages, penalties and other demands for compensation." The DLSE enforces California's labor laws and wage orders. Here are some best practices for employers to keep in mind as they prepare for a hearing. ![]() And a deputy labor commissioner will hold an administrative hearing to decide whether an employee is owed compensation. California employees can bring their wage and hour claims before the state's Division of Labor Standards Enforcement (DLSE). ![]()
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