California Labor
Commission ::
Article on California Labor Commissioner
Article
on The California Labor
Commission
By
Matthew Kaufman, Esq. Harris & Kaufman
(818-990-1999)
Why Californians
should sue directly in court rather than file a claim with
the California Labor Commissioner.
California
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:
The California
Labor Commissioner
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.
California Labor
Commission - The Hearings
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.
California Labor
Commission - 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.
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.
Exceptions To
The Rule in California State
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!
Harris &
Kaufman Can Help You With The California Labor
Commission
Harris & Kaufman is a
California law firm that's dedicated to representing
employees in disputes against their employers to do with
arbitration in Californa. Our California
labor lawyers also
represent employees and workers in wage disputes,
overtime
pay,
vacation
pay, unlawful
termination, rest and meal period cases, sexual harassment,
workplace discrimination, and cases regarding tips and tip
pooling. 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
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the California pay laws. We are aggressive and
experienced lawyers and can help enforce your rights under
California state law or state regulations. Based in Sherman
Oaks, California we serve greater Los Angeles, Orange
County, Ventura County and have cases statewide.
To
email William E. Harris about a claim you may have
Click
Here
California
Labor Commissioner & California Labor Commission Page
Summary: Find an article dealing with why
Californians should sue directly in court rather than claim
with the California State Labor Commission. California labor
law offers employees 2 alternatives when making a claim for
wages: file a claim in superior court or file a claim with
the Labor Commissioner's office.
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