Introduction
Your company might have recently received correspondence from the California Labor Commissioner’s office regarding a labor board investigation. It is not uncommon for employers to face harassment and discrimination complaints to DFEH from current or former employees. Even seemingly minor issues like penalties for missed rest breaks, meal periods, overtime, or unpaid wages can lead to significant financial liabilities. The DFEH and labor board investigation process operates effectively when an experience company lawyer safeguards your interests and defends your company from negative publicity and financial risks.
Wage Claim Procedure and Defenses
If an employee wishes to assert a claim for unpaid wages against their employer or former employer, they can initiate the process through the DLSE (Division of Labor Standards Enforcement). Responsible for labor board investigations, the DLSE operates under the oversight of the California Labor Commissioner and handles matters exclusively involving employees, excluding public agency workers and independent contractors.
To begin the labor board investigation, the Labor Commissioner will initially assess whether they have jurisdiction over the labor board complaint. If the labor board claim is deemed eligible to proceed, it may advance through a conference, a hearing, or both. A conference often addresses many of the claims lodged with the DLSE. Engaging the services of a defense lawyer significantly heightens the likelihood of a swift resolution.
Our defense attorney for DFEH complaint will assist employers in understanding the claims lodged by the former employee and the relevant legal frameworks. They will pinpoint the most effective defenses and aid in their preparation. Adequate preparation is crucial for a defense lawyer to resolve claims with minimal detriment and disruption.
To help their defense lawyer handle the case, upon receiving a DLSE wage claim, an employer should amass all pertinent documents demonstrating hours worked, payment records, and meal breaks. If any checks bounced during the claim period, it is advisable to investigate the underlying reasons, indicating that these were not deliberately delayed payments.
Furthermore, substantiating that the employer maintained precise payroll and timekeeping records and provided employees with accurate and detailed wage statements is essential. Demonstrating compliance with employment laws can cast doubt on the credibility of a less-than-reliable former employee’s claims.
Both parties will receive notification regarding whether the claim will proceed to a conference, a hearing, or if it has been dismissed within 30 days of the claim’s submission. Some claims may proceed directly to a hearing, necessitating an employer to negotiate settlement negotiations directly with the employee. An adept defense attorney for DFEH complaint, skilled in negotiation, will handle these discussions with empathy and work to mitigate financial liabilities.
Preliminary Meeting
If the Labor Commissioner’s Office opts for a preliminary meeting, a notice containing the meeting’s date, time, and location will be dispatched to both parties. This informal gathering takes place in a conference room and aims to explore potential resolutions for the claim, thus preventing the need for a formal hearing.
Both parties must inform the deputy if there is evidence or witnesses they wish to present during the meeting. Providing documentary evidence can be instrumental in facilitating a settlement. A defense attorney for DFEH complaint can help employers with this task. Failure of the employee to attend the meeting, except in cases with valid reasons, may result in the dismissal of the claim. Similarly, if the employer is absent, the claim will proceed directly to a hearing.
Should the preliminary meeting fail to resolve the matters, the deputy will determine the subsequent course of action. If insufficient evidence supports a legal claim, the case will be dismissed. Conversely, the case will advance to a formal hearing if there is credible evidence of a legal claim. If this happens, a defense lawyer for DFEH complaint can help the employer prepare for the next stage.
Is Settling the Right Choice?
Occasionally, opting for a swift resolution benefits everyone involved. When the employer fulfills the total value of the labor board complaint, the deputy will officially conclude the case. If a mutually agreeable settlement is reached, the employee can withdraw their labor board complaint at any stage. A defense attorney for DFEH complaint can advise whether pursuing a settlement aligns with your best interests. It is advisable to seek legal advice from a defense attorney for DFEH complaint to draft a settlement agreement that safeguards your business. Such an agreement should shield your company from potential future claims and include provisions for confidentiality and non-disparagement.
The Hearing Process
A mailed Notice will notify both parties of the labor board complaint hearing. This document will specify the hearing’s date, time, and location. Typically conducted in a conference room, the atmosphere is informal, yet labor board complaint proceedings are formalized with witnesses and parties sworn in and a record kept.
During the hearing, both parties are entitled to the following rights:
- The right to legal representation
- The right to offer evidence
- The right to testify on their behalf
- The right to call witnesses
- The right to cross-examine the opposing party and their witnesses
- The right to clarify the evidence presented
- The right to refute the evidence presented by the opposing party
- The right to have an interpreter present
The hearing officer wields authority and discretion over the proceedings. They can:
- Accept testimony
- Pose their questions to establish facts
- Aid both parties in cross-examination
- Determine which witnesses may provide testimony
- Record stipulations made by either party
- Elucidate any terms or issues for better understanding
- Officially acknowledge common knowledge or public records
- Organize the sequence of proceedings
- Admit documents as evidence
While the hearing officer may assist unrepresented parties, having a defense lawyer to defend your interests significantly bolsters your chances of a successful case. The defense attorney for DFEH complaint will assist in collecting pertinent evidence and assess whether witnesses are necessary to defend you.
If a crucial witness is hesitant to testify, an attorney for DFEH complaint can assist in filing a subpoena to compel their testimony.
Requests for alterations to the date, time, or location are only granted under exceptional circumstances and are subject to the hearing officer’s discretion.
Similar to the conference, the case will be dismissed if the employee fails to attend the labor board complaint hearing. Conversely, if the employer is absent, the hearing officer will decide based on the evidence presented by the employee.
Challenging the Decision for a Labor Board Complaint
The Labor Commissioner must serve the ODA (Order, Decision, or Award) within 15 days following the hearing. Both parties can contest the ODA within ten days by providing written notice of their intent to appeal. This notice of appeal must be delivered to both the opposing party and the Labor Commissioner.
If the employer opts to file an appeal, they must furnish a bond to the reviewing court, equating to the amount specified in the ODA. In conjunction with the notice of appeal, this bond must be submitted within a 10-day window. The presiding judge will conduct the proceedings as if it were an initial hearing, necessitating each party to present their evidence, witnesses, claims, and defenses anew.
It is imperative to recognize that pursuing an appeal might potentially introduce new claims and could lead to the obligation of covering the employee’s defense lawyer fees. Seeking guidance from a defense lawyer before initiating an appeal is crucial to ascertain whether it aligns with your best interests.
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