Accepting or rejecting a transaction offer is an important decision. Consider the following points before making your decision: California employees have two ways to claim salaries, business expenses, and certain penalties under the Labor Code, for example.B. waiting sentences under Section 203 of the Labor Code. First, an employee can take legal action. Second, or alternatively, the employee can bring an action before the Office of the Labor Commissioner, officially known as the Division of Labor Standards Enforcement (DLSE). The Labour Code provides for an administrative hearing procedure as an alternative to recourse to the courts. As part of this process, the CSD reviews the claim and decides whether or not to assume jurisdiction. It can organize an informal conference and consider a possible solution. If the Agency maintains the case, the complaint is held at a formal hearing before a hearing officer, where the employee and staff can provide evidence and testimony. Subsequently, the Hearing Officer makes a decision that may or may not contain a commitment to the employee. The LSD finally held a hearing. Previously, the employer responded to the complaint and defended that arbitration was the right forum.
He also filed a request for dismissal on the basis of the arbitration agreement and reiterated that he was “ready” to take legal action. The Hearing Officer dismissed the application because the employer had not received a court injunction. The hearing continued and both parties presented their cases. Employers should be sure to show up at the conference, said Jeanine DeBacker, an attorney at McPharlin Sprinkles & Thomas in San Jose. “If the employer can`t show up or doesn`t show up, the assistant commissioner can discuss the matter with the applicant,” she said at the California State Council of the Society for Human Resource Management 2018 California State Legislative Legislative &HR Conference. If the worker has duly justified a case, the case will move on to more formal consultation. Although it is not mandatory, most labour commissioners will often define the issue for a conciliation conference. Employers will often misunderstand the purpose of the first conciliation conference. The conciliation conference is not the hearing on the matter at which the labour commissioner makes an affidavit and makes a decision. While this step is not the actual consultation that determines who should be required, employers should prepare convincing evidence and documents during the conciliation conference to defend the worker`s rights. It is also good to listen to the employee`s facts and know what they are claiming, what evidence they might have and who can be witnessing.
It is important to know this information if the case is not resolved and is scheduled for a formal hearing. 4. Understand the strengths and weaknesses of the case that goes to the comparison hearing. At Fleming Distribution, a former employee filed a complaint with the Labour Commissioner. Two months later, the employer sent a letter to the CSSD in which it attached an arbitration agreement and argued that the appeal should be dismissed. . . .