| With a downturn in the economy, many | | | | Outlined below are the steps for requesting an |
| employers are cutting back on payroll. | | | | employee matter ruling from the California Labor |
| Unfortunately, some employers are reducing | | | | Board: |
| payroll costs by violating the California overtime | | | | 1) Typically the employee will file a complaint at |
| laws. When this occurs, employees have | | | | the California Department of Labor with the |
| essentially two options to recover their California | | | | California Labor Board and the employer will be |
| overtime pay: the California labor board, or hiring | | | | notified via mail of the complaint, pursuant to |
| California labor law attorneys. | | | | California overtime laws. |
| Although the California Labor Board is a commonly | | | | 2) A non-binding mediation is then scheduled by |
| known option that is a free service to the public, | | | | the California Department of labor at the California |
| as you will see, in some cases “you get what | | | | Labor Board and the employer is made aware of |
| you pay for.” There are some little known | | | | the specific claim made by the employee and the |
| facts about the services provided by the | | | | amount of monies that are being claimed. The |
| California labor board that will be explained in this | | | | California Labor Department may also add |
| article. | | | | statutory penalties and or interest to this amount |
| - The California labor board, unlike California labor | | | | on behalf of the employee. |
| law attorneys, typically handles cases below | | | | 3) If the matter does not settle at this mediation, |
| $7500. | | | | a formal hearing is set at the California |
| - The California labor board does not attempt to | | | | Department of Labor, California labor board, and |
| recover the 4th year of California overtime pay | | | | the employee and employer may have legal |
| under the California Unfair Competition Statute. | | | | counsel present to represent them. The California |
| California labor law attorneys seek to recover up | | | | state department of labor will have an |
| to 4 years of California overtime pay for their | | | | administrative judge conduct the hearing and both |
| clients. | | | | sides will have a chance to present their side, any |
| - Certain penalties are not pursued by the | | | | evidence and any witnesses. |
| California labor board. California labor law attorneys | | | | 4) Upon hearing the matter, the California |
| may pursue all penalties under California overtime | | | | Department of Labor, California labor board will |
| laws. | | | | issue a ruling. The California department labor rules |
| - Attorney fees employees incur are not | | | | provide that all parties may be represented by |
| recoverable by the California labor board pursuant | | | | counsel at the Superior Court hearing and the |
| to California overtime laws. | | | | case is conducted as a civil trial. |
| - Your employer may appeal any award by the | | | | If you are faced with a violation of California |
| California labor board pursuant to California | | | | overtime laws by your employer, it is important |
| overtime laws. If this happens you may need to | | | | to consider both your options on how to best |
| hire California labor law attorneys to assist you. | | | | pursue your overtime claim. Hopefully the |
| Also under California overtime laws on appeal, the | | | | summaries provided above have equipped you |
| prevailing party may be awarded attorney fees. | | | | with some basic, yet little known information, |
| An important point here is that if you handle your | | | | about the differences between using the free |
| case through California labor law attorneys from | | | | service provided by the California Labor Board or |
| the outset, if you prevail your employer may | | | | retaining experienced California labor law attorneys |
| have to pay your attorney fees and costs. | | | | to handle your legal matter. |