Labor Commission
California labor law offers employees two alternatives when making a claim for wages: file a claim in superior court or file a claim with the Labor Commissioner's office. Generally, employees who file with the superior court are more successful in recovering rewards, due to several key factors:
- The individual who acts as the judge in Labor Commission proceedings does not necessarily know the law. They are not required to be attorneys.
- At Labor Commission hearings the rules of evidence do not apply.
- The decision of the California Labor Commissioner can be appealed 'de novo' to the superior court, which means that the case is given a whole new trial. At the superior court level, the decision of the commissioners does not hold any clout, and the facts presented to the trial court may include new evidence.
- When employees sue in superior court for minimum wages or overtime, if the employer wins, the employer cannot get an award of fees and costs against the employee. However, the employer can in 'de novo' trials in superior court, thus creating a significant liability.
Exceptions
If your case is simple, and you can avoid nuances in the law, then the Labor Commissioner's office may offer a less expensive and much faster alternative to court.