Defending San Diego Employers in Wage and Hour Disputes and Litigation
A California employer should never attempt to represent themselves before the California Labor Board and other State and Federal agencies. California employment law tends to heavily favor employees, and the attorneys at the Watkins Firm help our clients to remain in full compliance with all federal, state and local employment laws. We help to put our clients into the strongest legal position possible to win disputes and lawsuits with current and former employees.
We defend our client’s interests at every stage of the process. Our unique approach to disputes and litigation ensures that you have consistent qualified, experienced representation through negotiations, mediation, arbitration, hearings, and ultimately in lawsuits before the Courts of San Diego and the State of California. We have served employers and the business community here in San Diego for decades, and are prepared to help you resolve your dispute as quickly and efficiently as possible.
The Process of a Wage and Hour Claim in California
Recently, there has been a significant increase in the number of wage and hour cases filed within the State of California. What is the process when a current or former employer pursues an action against an employer for unpaid overtime, piece-rate violations and other wage and hour legal issues?
The process usually begins when the current or former employee files a complaint with the California Department of Industrial Relations.
The California Labor Board will notify you of the complaint, and as soon as you receive this notice you should contact the Watkins Firm immediately. The California Labor Board will schedule an informal hearing to begin to gather evidence in your case. You should never appear before the Labor Board without the Watkins Firm at your side. While this first meeting may be called “informal,” it is anything but. You will be required to answer the notice with supporting documentation and the Labor Board will expect you to have a strong knowledge and understanding of the associated labor code(s).
The informal hearing presents the greatest opportunity to make an impression and to take steps to resolve the claims asserted in your case. If we cannot work out a resolution to your case, the Labor Board will establish a formal hearing. Both sides at the formal hearing are represented, and the Watkins Firm will present the arguments in your case and supporting documentation and applicable laws. The other party presents their case as well. The formal hearing is conducted by an Administrative Officer, who will later render a legal opinion about the facts in the case and whether you will have to pay the employee’s claim.
If we are dissatisfied with the findings of the Administrative Officer, the Watkins Firm will appeal the decision to the Superior Court. Unlike other forms of appeal, where all of the facts must be contained within the file or case record, the appeal of a Labor Board hearing is heard “de novo,” which means that the attorneys of the Watkins Firm will present the facts of your dispute to the Court from the beginning, as if it were the first step in the process.
The attorneys at the Watkins Firm have extensive experience at each level of the process, and a successful track record representing employers in Superior Court.
Contact Experienced Employer Defense Attorneys for Representation Before the California Labor Board
If you have received a notice from the California Department of Labor regarding the payment of overtime or a wage and hour legal dispute we invite you to contact us, or call 858-535-1511 for a complimentary and comprehensive consultation. We will discuss your unique case, and our unique approach to resolving disputes and litigation. We will review your potential options, and develop a strategy that will resolve your case favorably as quickly and cost-effectively as possible.