The Labor Board In San Francisco
Most clients keep on wondering if they should file a claim with the Labor Board or not. The California Labor Board or the California Labor Commission is the sector of the DLSE Division of Labor Standards Enforcement responsible for maintaining the policies and standards of reasonable and equal working conditions in the entire state.
Anyone, whether he or she is a non-employee or an employee, has the right to file a complaint with the board concerning the conditions inside the workplace. But, it is suggested that every person should focus first on understanding the limitations of this privilege before pursuing to file a complaint. In various ways, the Labor Board of California is the same with a small claims court, serving and helping those employees who have simpler claims to be resolved. On average, the said regulatory board manages much smaller claims compared to private attorneys and the option to this is a small claims court wherein the limit sits at exactly $7500.
In my point of view, the labor board should be used just for very small and simple matters which a lawyer won’t handle.
Fact vs. Myths involving the Labor Board:
There are lots of misconceptions involving the Labor Board. You need to be aware of such issues and learn the truth. Here are some of the myths versus facts about the California Labor Board:
Myth #1 : The Labor Board would pursue all your claims and will seek complete damages on your behalf.
Fact #1: The board is only going to pursue a percentage of wages you might be owed and not all the fines on behalf of the claimants. Say for instance, a private lawyer may pursue up to four years of back payments in the state but, the board would only pursue three years.
Myth #2: The Labor Board would go next, to the employer individually, if the company locks its door.
Fact #2: Only a private lawyer can pursue your claim and try to attribute personal culpability on your boss. This particular function is not performed by the Board.
Myth #3: The California Labor Board would also collect legal charges on your behalf.
Fact #3: It is only the private lawyer who has the power to collect lawyer fees when a civil suit needs to be filed.
Myth #4: When your case wins at the board, you’ll receive a check inside the mail coming from your employer.
Fact #4: Employers can demand any ruling be appealed,and when they do, you’ll have to begin from the bottom and possibly require a private attorney anyway.
When I think of my personal experiences and those I’ve learned from my clients, with the Labor Board, it should be said that it is the so-called “state run office” who manages the unbelievable number of claims at once. If that is the case, the administrative judges will get the cases in instantly and will get them out. The problem here is that your case might be incompletely examined and for that reason, you may not be able to get all the compensation you ought to get.
We strongly suggest that you talk with an experienced labor attorney who can assess your case and help you in making the best decision regarding it. Do not forget that there’s NO COST to you except when we recover on your case. Call our San Francisco Employment Attorneys today.