What is the procedure after filing a reporting time pay wage claim?
After you file a reporting time pay wage claim in California with the Labor Commissioner’s Office, a Deputy Labor Commissioner will be assigned to your case. The Deputy Labor Commissioner will examine your claim and the information you present, and will decide to have a conference, hearing, or discard your claim.
If the Deputy decides to hold a conference, you and your employer will be notified of the time, date, and place of the conference. The conference is held to see if the matter is valid and if it can be resolved without a hearing. If is is decided that your claim isn’t valid, it will be discarded. If the matter can not be resolved during the conference, the Deputy Labor Commissioner will refer your claim to a hearing.
The next step is the hearing. Both parties will have to testify under oath at the hearing and it will be recorded. After the hearing, the Labor Commissioner will serve both parties with a Order, Decision or Award.
If you or your employer’s party doesn’t agree with the Labor Commissioner, you or your employer may file an appeal to a civil court in California. The matter will be scheduled for trial by the court. If your employer appeals the Labor Commissioner decision and you cannot afford counsel, the Division of Labor Standards and Enforcement may represent you.
Example:
Jane files a reporting time pay wage claim in California with the Labor Commissioner’s Office against her employer to recover reporting time pay. Once Jane files her reporting time pay wage claim, a Deputy Labor Commissioner is assigned to her case. The Deputy Labor Commissioner decides whether Jane’s case should be referred to a conference or hearing, or if it should be dismissed.
The Deputy decides to hold a conference between Jane and her employer. Jane and her employer are both notified of the date, time and place of the conference. At the conference, Jane and her employer will have a chance to discuss the matter with the Deputy and the Deputy will see if the matter can be resolved. Jane and her employer do not resolve the matter in the conference, so the Deputy Labor Commissioner schedules a hearing.
In the hearing Jane and her employer must both testify under oath and their testimonies will be recorded. After the hearing is held, the Labor Commissioner decides if Jane is entitled to reporting time pay by issuing an Order, Decision, or Award to her and her employer. If Jane or her employer is not satisfied with the Labor Commissioner’s ruling, they may file an appeal in a civil court. The matter will then be set for trial. If Jane’s employer files an appeal and Jane cannot afford counsel, the Division of Labor Standards and Enforcement can represent her.
If you have a question about California reporting time pay law or want to file a reporting time pay wage claim in California, contact Strauss & Strauss APC now.