Posted on October 30th, 2015
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If You Are Served By The California Labor Commission, You Need to Know What To Expect!
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So you are having an issue with an employee (or ex-employee) that you think will go to the Labor Commissioner?
This can be a stressful process. We have been through hundreds of Labor Board cases defending California employers. Maybe we can help you out a bit by sharing with you what the steps are and what you should expect to happen.
If one of your current of former employees wants to make a claim against you or your business (their employer) for unpaid wages or some other perceived violation they will likely file their claim with the California Labor Commissioner.
Once the employee has successfully filed the claim it will be assigned to deputy who will then decide what to do next.
After the deputy makes their decision on what should happen next they will notify both you and the employee within 1 months time.
The deputy will first schedule whats called a “Notice of Claim and Conference“.
This conference is a meeting between both parties to see if the claim can be resolved without an official hearing.
At this time both parties (you the employer and the employee with the claim) will be mailed a document called “Notice of Claim and Conference”.
So lets take a close look at what a Notice of Claim and Conference is.
NOTICE OF CLAIM FILED AND CONFERENCE
The purposes of the conference is to determine whether or not the claim can be resolved without going to the next step which would be a hearing.
Once a conference is scheduled, each party will be mailed a document entitled “Notice of Claim Filed and Conference.” This is notifying you that a claim has been filed against your business and a conference is being scheduled to resolve the matter.
This document has some details about the upcoming meeting like the place, date and time of the conference and directs that you or a representative of your company and the (ex)employee making the complaint attend.
Many times this notice is the first time you will even have an idea that there is an issue you need to deal with.
At the conference its a bit informal and you as the employer should be prepared to discuss the employees claim against you with the deputy and bring any and all relevant documents that support your case with you.
If you have witnesses that support any of your story you should let the deputy know this as well, but you would not bring them with you to this conference.
The main purpose of this claim and conference is to see if the situation can be resolved right then and there and if not, what the next steps should be.
Here are the 3 different typical outcomes.
- Resolve the situation right there at the conference
- Schedule and notify for a full hearing at a later date
- Dismissal of the claim (of course best for you but highly unlikely)
It is very important that you or someone who represents your business show up for this conference!
In most cases if you as the defendant don’t show up to this initial conference it will automatically be moved to the next step in the process which is scheduled for a hearing.
If the employee (plaintiff) does not show up than the case is usually dismissed right there unless they have a really good excuse for not showing up.
In the event that the claim can not be resolved at the conference, the deputy will either refer the matter to a hearing or dismiss the claim if he or she finds no legal basis to proceed.
Again the state of California is very, very favorable to employees so dismissal is not typical.
Can you bring an attorney with you to the conference? Yes!
Even though this is an initial conference and not to formal, you can bring an attorney with you to help argue your points. You will want to hire someone who is specifically practices as an attorney for employers.
You improve your chances dramatically when you have a skilled negotiator who knows the law helping you.
Notice of Hearing
If the case was not dismissed or resolved at the conference a hearing will be scheduled. Once a hearing is scheduled, each party will be mailed a document entitled notice of hearing.
This document will set forth the date, time and place of the hearing.
This hearing is more serious then the initial claim and conference.
At the hearing witnesses testify under oath and all proceedings are recorded. Subpoenas for documents, records or witnesses must be issued by the California Labor Commissioner.
The Labor Commissioners hearing officer has the authority and dictates the proceedings.
All applications for a subpoena must be sent 15 business days prior to the hearing. Changes to the place, date and time of the hearing will not be granted unless you can show extraordinary circumstances caused the delay.
Conclusion of Labor Hearing
Within 15 days of the hearing’s conclusion, each party will be mailed a document entitled “Order, Decision and Award of the Labor Commissioner.”
This document will set forth the hearing officer’s decision and the amount of the award, if any.
If you have been served with a notice of claim and conference or a notice of hearing, you have the right to be represented by an attorney at either of these proceedings.
Exercise that right by contacting an experienced employer law attorney LA today.
We have helped employers in hundreds of Labor hearings and have developed proven strategies for reaching the best outcomes for our clients even in the face of a state that is against employers.
If you have a notice from the Labor Board contact us for a FREE Strategy Session on what your next best steps are.
Santa Ana Labor Board Office; Long Beach Labor Board Office; San Bernadino Labor Board Office; Los Angeles Labor Board Office; Van Nuys Labor Board Office
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Hi I’m John Fagerholm, the founding partner of DefendMyBiz. My mission is to defend employers like you from California’s unfair labor laws.
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