Instead of filing a lawsuit, employees in California can file a wage claim with the California Labor Commissioner. The first thing an employer will receive is the “Notice of Claim and Conference.” This describes the employee’s wage claims and sets the date for an initial conference.
The initial conference is not a hearing on the claims. Instead, the Deputy Labor Commissioner will discuss the claims and try to help the parties settle the dispute. Employers are also required to bring proof of their workers compensation insurance to the hearing.
If the case cannot settle at the initial conference, the Deputy Labor Commissioner will set the case for an evidentiary hearing. These are usually scheduled between 3 and 6 months after the initial conference, but schedules vary and every Labor Commissioner office is different.
Either party may hire an attorney to represent them at all stages of the claim process. If you want an experienced employment lawyer protecting your interests before the Labor Commissioner, you are welcome to call me. I will not charge for a short consultation over the phone, and my fees are very reasonable.
