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Labor Commissioner Claims

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Individual employees – – current or prior employees – – can pursue wage claims against their employer without having to file a lawsuit in Court. The California Labor Commissioner (formally the CA Division of Labor Standards and Enforcement (DLSE) under the CA Department of Industrial Relations (DIR)) accepts claims by employees for wages, overtime pay, unpaid vacation, and other wage-related matters, which are then moved through an administrative process leading to settlement with the employer or to a formal administrative hearing.

Employees cannot file wage claims with the Labor Commissioner and file a lawsuit in Court against the same employer for the same wage issues; one of the two possible methods of pursuing wage-related damages must be chosen.

In addition to traditional wage claims, the Labor Commissioner now accepts wage-related retaliation claims; meaning, if an employee raises a wage-related issue with their employer, and is then treated adversely by that employer, the Labor Commissioner will hear such retaliation claims. The burden is on the employee to show that the adverse treatment by the employer is in response to the employee engaging in ‘protected activity’, such as threatening to file, or filing a wage claim with the Labor Commissioner.

For example, ‘waiting time penalties’ are usually sought by prior employees because these penalties are triggered when an employer fails to provide all wages (including base pay, overtime pay, accrued vacation or sick time, etc.) to an employee at the time such employee ceases working for the employer. These penalties apply, however, only when the withholding of any pay at the conclusion of employment is intentional by the employer. In turn, what constitutes ‘intentional’ has been decided different ways by various Courts in California. Being represented by a lawyer provides what may be a critical advantage in Labor Commissioner wage claims.

If you are an employee who may want to file a wage claim with the CA Labor Commissioner (OR an employer facing such claim) with specific questions regarding California Labor Commissioner claims, contact Goyette & Associates today.

Contact G&A’s team of experts now to have your legal needs reviewed.

Resources

California Courts Not Sympathetic To Employee Claims on PEPRA Pension Issues

By: Paul Goyette A recent string of California Superior Court and Court of Appeals Decisions indicate a clear trend to decline various employee and employer organization challenges to PEPRA. PEPRA is a form of pension reform law that was passed in 2012 and became effective January 1, 2013. PEPRA made several changes to the California public sector pension systems....

Voided Appointment Overturned for California State Employee

Attorney Brett Sherman of Goyette & Associates successfully represented a State of California Employee in the overturning of a voided appointment. Employee X* was promoted to a Staff Services Manager I (SSM) position within the California Department of Corrections and Rehabilitation in 2007. Employee X worked in that capacity until 2013, at which time Employee X...

2017: A Year in Review

by: Nicole Valentine It would be an understatement to say that 2017 was one of the most rewarding years in my practice as a criminal, labor, and licensing attorney. Below are some of the most notable results I achieved for my clients in each of these areas: One of the most important highlights of this year was when I won a client a full dismissal of all counts of an...

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