After you complete and file your wage claim with a local office of the Labor Commissioner’s Office, your case will be assigned to a Deputy Labor Commissioner, who will determine how best to proceed based upon the circumstances. Initial action may be referral to a conference or to a hearing.
If the decision is to hold a conference, the parties will be notified by mail of the date, time, and place of the conference. The purpose of the conference is to determine the full amount being claimed and whether the matter can be resolved. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing.
At a hearing, the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) will be provided by the Labor Commissioner.
Either party may appeal the ODA to a civil court. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. If the employer appeals the Labor Commissioner’s decision, the Labor Commissioner’s Office may represent an employee who is financially unable to afford counsel in the court proceeding.
October 2018
Tags: Wage Claim, California