When it comes to safeguarding employees, California has some of the best protections in the nation. These rules don’t mean much, though, if you don’t know your rights or how to use them. Making a complaint to the labor board is one choice for dealing with labor law infractions. Keep reading to learn more and then contact PLBH at (800) 435-7542 if you require a free legal consultation with an employment law attorney.
There is no California Labor Board
There is no official “labor board” in California. However, if your rights are violated by your employer, you may be able to submit a complaint with the Division of Labor Standards Enforcement, generally known as the Labor Commissioner’s Office (DLSE). You have the option of complaining to the DLSE or even suing your company.
Child labor, fair pay, wage and hour, and other legal breaches are handled by the DLSE. You can register a complaint with the DLSE if you think your employer has broken one or more of these regulations, such as by neglecting to pay you for overtime.
The steps involved in submitting a complaint
The procedure for submitting a complaint is not too complicated. You must submit DLSE Form 1, also known as an Initial Report, for a wage and hour infraction. You must complete out this form with some basic details, including what happened and the name and address of your company.
You might need to submit additional forms, such as DLSE Form 55 for violations of meal and rest periods or DLSE Form 155 for underpaid commissions, depending on your particular circumstance. These papers must be submitted in person or by mail to a district DLSE office.
What to expect after the form is filed
The Office of the Labor Commissioner will evaluate and investigate the matter once the original complaint or claim is filed. They may formally complain about the employer if they decide that there may have been a breach.
The agency shall notify the employee and the employer of its intended action in writing within 30 days after the report is filed. Taking no action, scheduling a hearing to discuss the matter, or, if the employee cannot afford to hire their own California employment attorney, filing a lawsuit are all choices.
The DLSE will often convene a hearing if it determines that a violation may have been place. Typically, a settlement conference will be resolved prior to the hearing date. The claim will move on to a hearing if it is not resolved at this conference.
There are other options
It’s important to note that employees are not obligated to file complaints. In either state or federal court, they may also bring a claim on their own. When there have been severe or frequent infractions, this typically makes the most sense. A labor board complaint can be the best line of action for lesser pay claims.
A California employment lawyer can advise you on your next steps if you think your employer has broken the law in California. Call (800) 435-7542 or email info@plblaw.com right now to set up a consultation with a member of our team at PLBH.