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What To Expect At A California Labor Commissioner Hearing

TL;DR:

  • A California Labor Commissioner hearing (Berman hearing) resolves wage disputes like unpaid overtime, missed breaks, or final paycheck issues.
  • It’s not a trial, but it is formal and involves testimony, documents, and witnesses as part of the record.
  • The process includes several steps: claim filed, possible settlement conference, hearing notice, the hearing itself, decision/award, and appeal (if needed).
  • Possible outcomes: dismissal, an order to pay wages/penalties, or an appeal (requiring a bond and full trial).
  • Legal representation can help assess claims, develop strategy, and protect long term business interests.

You’re halfway through your morning emails when you spot an envelope from the Labor Commissioner’s Office. It’s not junk mail. Inside, a formal notice, your company is facing a wage claim. Maybe it’s unpaid overtime, a final paycheck issue, or something you didn’t see coming.

The notice isn’t a judgment. It doesn’t mean you’ve lost or that you did something wrong. It simply means there’s a dispute, and the state gives both sides a chance to be heard. The hearing is part of a process designed to resolve these issues without dragging you into full blown court proceedings.

At Los Angeles Civil Litigation Lawyers, we’ve helped many Los Angeles employers respond to these claims swiftly and smartly. We know how to decode the notice, assess your risk, and protect your interests. You don’t need to panic, but you do need to act.

Your Rights At A California Labor Commissioner Hearing

The Labor Commissioner Hearing

Once the notice arrives, your first question might be: “What kind of hearing is this?” It’s not a trial, but it’s more than a chat. In California, wage and hour claims usually go through a Berman hearing, named after the legislation that created it. This hearing is run by the Division of Labor Standards Enforcement (DLSE), and it’s meant to be a faster, more accessible way to resolve wage disputes.

The hearing usually takes place in a conference room, not a courtroom. It’s private, no jury, no media, no open gallery. You’ll be sitting across from the employee who filed the claim, a Deputy Labor Commissioner, and possibly their legal rep. The Commissioner is there to listen, ask questions, and issue a decision based on the facts and evidence.

What kinds of claims show up here? Examples include unpaid overtime, missed meal or rest breaks, withheld wages, illegal deductions, and unpaid final paychecks. Sometimes, it’s a simple misunderstanding. Other times, the employee is mistaken or stretching the truth. Either way, your response matters.

What to expect at the hearing:

  • A formal setting, but not as intimidating as court.
  • Both parties will testify under oath.
  • Documents will be submitted as evidence.
  • Witnesses may be called, depending on the claim.
  • The hearing is recorded, and everything said becomes part of the record.

It’s not as casual as a phone call, but not as rigid as a trial. Still, you need to be prepared. The outcome could affect your business’s reputation, payroll practices, or even your bottom line.

The Process: From Claim To Hearing

Once a wage claim is filed against your company, the Labor Commissioner’s process starts moving quickly. This process is designed to allow both sides to settle or present their case, but it moves on a timeline you can’t ignore.

Step 1: Wage Claim Filed

The employee fills out a claim form with the DLSE, listing the wages or penalties they believe they’re owed. You’ll receive a copy of this claim in the mail and a notice of conference or hearing. This document lays out the basic allegations. Read it carefully and take note of deadlines.

Step 2: Settlement Conference (If Scheduled)

In many cases, the DLSE will first schedule a settlement conference. This is your chance to resolve the claim without a formal hearing. A Deputy Labor Commissioner will meet with both parties to see if a resolution is possible.

At the conference:

  • No evidence is presented yet.
  • You can make offers or reject them.
  • You don’t have to settle, but it’s worth considering if the facts are against you.

Step 3: Notice Of Hearing

If the dispute isn’t resolved at the settlement conference, or if no conference is scheduled, you’ll receive a formal notice of hearing. This will include the date, time, and location. It’s usually in person, though sometimes remote.

Step 4: The Hearing

This is the main event. Both sides will present evidence, testify, and may bring witnesses.

During the hearing:

  • You’ll be under oath.
  • The hearing officer may ask detailed questions.
  • Documents like timecards and pay records are crucial.

Step 5: Decision & Award

After reviewing everything, the officer issues an “Order, Decision, or Award” (ODA). This document outlines who won, what was awarded, and why.

Step 6: Appeal (If Needed)

If you disagree with the outcome, you can appeal to the Superior Court within 10 days. However, you’ll need to post a bond for the amount awarded. This step converts the claim into a formal lawsuit.

The process may sound long, but it moves fast. That’s why being prepared ahead of time is vital. Next, let’s discuss how to prepare for and stay ready for the hearing.

Preparing For The Hearing

This is where things get real. When you receive a hearing notice, you’ll have a limited time to gather evidence, identify witnesses, and plan your response. Preparation means having your facts straight and your documents ready. Sloppy responses or missing records can hurt your credibility.

What You’ll Need To Collect

Start gathering relevant records immediately. The Labor Commissioner expects clear, organized evidence.

Examples of useful documents:

  • Timecards or electronic time tracking data.
  • Pay stubs and wage statements.
  • Employment contracts or offer letters.
  • Break logs or meal/rest schedules.
  • Emails or texts that clarify duties, time worked, or pay issues.

If you don’t have records, don’t guess. Guessing under oath opens the door to penalties or a bad decision.

Identify Witnesses Early

Think about who else can speak to the facts. This might include supervisors, HR reps, or coworkers.

Good witnesses:

  • Have first hand knowledge of the employee’s hours or job duties.
  • They are calm, credible, and can speak clearly.
  • Understand they will be sworn in and recorded.

Prepare your witnesses. Walk them through what to expect. They don’t need to memorize a script, but they should stick to facts.

Understand The Claim Inside & Out

Re read the original wage claim. Make sure you understand every allegation. Don’t show up surprised, it’ll show.

Consider Legal Representation

You can represent yourself, but having a legal ally keeps things sharp. We know what’s persuasive and what’s a red flag. Many employers regret going solo after the fact.

Getting prepared now puts you in the driver’s seat. Next, let’s cover the possible outcomes, and how they can affect your business beyond just writing a check.

How A California Labor Commissioner Hearing Works

Potential Outcomes & Their Implications

Once the hearing wraps up, it’s natural to want closure fast. You’ll usually receive the decision, formally called an “Order, Decision, or Award” (ODA) within 15 to 30 days. The outcomes vary, but each carries its own set of consequences.

The Claim Is Dismissed

This is the best case scenario. The Commissioner decides the employee’s claim has no merit. No payment is required, and the matter ends. You walk away with a win and lessons learned for future HR practices.

You’re Ordered To Pay

If the claim is upheld, you could be ordered to pay back wages, penalties, and interest. This could include unpaid overtime, missed meal or rest periods, waiting time penalties, and more. The amounts can add up quickly, especially if multiple pay periods are involved. In some cases, it includes liquidated damages, which essentially doubles what you owe.

You File an Appeal

If the decision feels unfair, you can appeal to the Superior Court within 10 days. Be ready, appeals reset the entire process. You’ll need to post a bond equal to the award, and the case becomes a full civil lawsuit. This step is risky but sometimes necessary.

Even if you win, the experience can leave a lasting impact. That’s why a smart, early response can keep you out of deeper water.

Legal Help When Facing A Labor Commissioner Hearing

At Los Angeles Civil Litigation Lawyers, we understand the challenges employers face in these situations. Our approach is straightforward:

  • Assessment: We review the claim thoroughly to understand its merits.
  • Strategy: Develop a clear plan to address the allegations.
  • Representation: Advocate on your behalf during hearings and negotiations.
  • Compliance Guidance: Offer advice to prevent future claims.

Our goal is to resolve the issue efficiently, minimizing disruption to your business.  If you’ve received a notice or have concerns about wage claims, reach out to us. Let’s discuss how we can support your business and protect your interests.

Facing a Labor Commissioner hearing can be unsettling, but with the right support, it’s manageable. At Los Angeles Civil Litigation Lawyers, we’re committed to guiding LA employers through these proceedings with skills, clear directions, and full transparency.

About The Author: Daniel Weiner

Daniel R. Weiner is a licensed attorney and founder of Los Angeles Civil Litigation Lawyers. He advises clients across California on civil litigation, probate, estate planning, and trust administration, including estate tax minimization and special needs planning. A former attorney at global firms Orrick and Freshfields, he also contributes to cryptocurrency law. Mr. Weiner holds degrees from the University of Birmingham and Duke Law, and remains active in the legal community through bar admissions and alumni service.

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