California stands as a beacon for employee rights, boasting some of the country’s most stringent laws designed to safeguard its workforce. However, the potency of these laws can be diminished if employees remain unaware of their rights or the avenues to exercise them. When faced with labor law violations, one viable course of action is to lodge a complaint with the relevant labor authority.
Although there isn’t a designated “labor board” in California, aggrieved employees can turn to the Labor Commissioner’s Office. This entity, commonly referred to as the Division of Labor Standards Enforcement (DLSE), becomes the focal point for complaints against employers infringing on labor rights.
If you’re grappling with such a dilemma, you can initiate a complaint with the DLSE, or if circumstances demand, take the legal route with a lawsuit against the offending employer. Contact PLBH at (800) 435-7542 now to request a consultation with an employment law attorney.
Scope of the DLSE
The DLSE is entrusted with the responsibility of addressing complaints related to wage and hour discrepancies, equal pay, child labor, and other pertinent labor laws. For instance, if your employer has evaded paying your due overtime, the DLSE is the authority to approach with your grievance.
Initiating a complaint with the DLSE is a structured yet simple procedure. To address wage and hour discrepancies, the DLSE Form 1 or the Initial Report is the document you’d be required to complete. This form seeks elementary details like the nature of the grievance and your employer’s identification details. Certain circumstances might necessitate the submission of supplemental forms like the DLSE Form 55, which pertains to meal and rest period violations, or the DLSE Form 155 for grievances about unpaid commissions. Remember to dispatch these forms either through mail or personally at a local DLSE office.
What Follows the Complaint?
After your submission, the Labor Commissioner’s Office undertakes a thorough assessment of the grievance. Should they deduce potential merit in the complaint, the office might opt for a formal complaint against the said employer. Within a month of lodging the complaint, both the aggrieved party and the employer are entitled to a notification from the agency, elucidating its proposed course of action. The actions can range from inaction, conducting a hearing, or even filing a lawsuit, especially if the employee is financially incapacitated to hire legal representation.
In many cases, when the DLSE surmises a potential violation, a hearing ensues. Preceding this, both parties usually engage in a settlement conference. If a resolution remains elusive post this conference, a hearing becomes inevitable.
Choosing Between DLSE and Legal Action
An essential aspect for employees to understand is that the DLSE complaint process isn’t mandatory. They retain the right to independently file a lawsuit, either at the state or federal level. This becomes especially pertinent in cases involving grave or recurrent violations. For minor wage-related discrepancies, turning to the DLSE might prove more expedient.
Believing your employer to be in violation of California’s labor laws warrants expert guidance. Consulting a California employment lawyer can illuminate the path ahead. To engage in a detailed discussion on your rights and possible courses of action, reach out to PLBH at (800) 435-7542 and our seasoned team will assist you.