Employers need to prepare and plan on how to defend claims brought before the California Labor Commissioner. With some planning, the process is a lot less daunting. Here are five issues employers must understand in defending Labor Commissioner claims:
1. Understanding the claims made by the employee.
Employers usually become aware of a complaint to
Employers need to understand their rights and obligations when they receive notice of a complaint through the Labor Commissioner. The process can seem daunting, but with a little preparation it can be managed effectively. This Friday’s Five post sets out a brief explanation of the five steps that most Labor Commissioner proceedings follow:
Step one:
When faced with a hearing before the California Labor Commissi
oner in a Berman hearing, employers and employees alike expect to get a fair, consistent hearing to settle wage disputes. However, as Brian Sumers of the Daily Journal points out this is not always the case. His article (subscription required) provides an analysis of the
My las
t post provided an overview of the Berman hearing process when an employee begins a claim for unpaid wages with the Labor Commissioner. If the parties do not settle the claim at the settlement hearing, then the matter will be set for a Berman hearing pursuant to Labor Code 98(a). The Berman hearing