California Labor Commission
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Why
Californians should sue directly in court rather than file a claim
with the California Labor Commissioner. |
California labor law offers employees two alternatives
when making a claim for wages: file a claim in superior court or
file a claim with the Labor Commissioner's office. At first blush,
the Labor commissioner appears a better choice, you can represent
yourself , and this is certainly less expensive than hiring an
attorney and faster than going to Court. However, theses benefits
don't amount to much if the law is not properly considered or the
decision is not properly reasoned.
Generally, in my experience, employees who file with the Labor
Commissioner's Office do not do as well as employees who sue directly
in superior court. Here are several reasons why.
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The California Labor Commissioner
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The people who act as the judge in these proceedings do not necessarily
know the law. They're not required to be attorneys and many
are not. In more complicated cases, in my experience, the subtleties
of wage and hour law are completely glossed over. This may
be due to the immense workload of the commissioners, something
likely not to improve given California's budget problems.
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The Hearings
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At
these hearings the rules of evidence do not apply. These rules
usually preserve fairness, and when they are disregarded,
it 's not usually to the employee's advantage. On occasion,
I have seen the California Labor Commissioner require that
the rules of evidence be observed for some matters, but not
for others.
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The
Appeals |
Basically, the decision of the California Labor Commissioner does
not count. The loser can appeal 'de novo' to the superior court,
and this means that the case is given a whole new trial. At the
superior court level, the decision of the commissioners is entitled
to no weight whatsoever, and the facts presented to the trial
court may include entirely new evidence.
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Attorney's Fees
Award |
When employees sue in superior court for minimum
wages or overtime, if the employer wins, the employer cannot get
an award of fees and costs against the employee. However in 'de novo'
trials in superior court, the employer can. This can be a significant
liability.
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Exceptions to
the Rule |
Like everything, there are exceptions to the rule. In some cases,
I have advised people to file in the Labor Commissioner's office.
Many Labor Commissioners are quite good and some times the lack
of procedural rules works to the employee's advantage. If your
case is really simple, and you can avoid any nuance in the law,
then the Labor Commissioner's office may offer a less expensive
and much faster alternative to court. I would consult with an attorney
before deciding to file with the California Labor commissioner.
Good luck with your case!
Article by Matthew A. Kaufman, Esq.
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Harris & Kaufman Can HelpYou |
Harris & Kaufman is a Los Angeles area law firm that's dedicated
to representing employees in disputes against their employers to
do with the California Labor Commissioner. Our lawyers can assist
you if you believe that your employer has broken the California
Labor Laws.
Our employment attorneys are experienced and have had numerous
trials, arbitrations, and appeals and have litigated on behalf
of thousands of employees.
Harris & Kaufman has represented workers in state and federal
court and in administrative proceedings before the Labor
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disputes and class action lawsuits.
We are aggressive
and experienced lawyers and can help enforce your rights under
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Think you have a claim? Email
Here
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