Over the past few years I’ve done more and more California Labor Commission hearings for clients and what I can tell you is you have to be prepared for everything and anything to happen because no two Labor Commission hearings are ever the same. I recently had one that lasted maybe an hour and a half and the Plaintiff basically dropped their claims at the end of the hearing. And then I had one yesterday that went for about five hours and included a surprise witness.
1/
So what makes Labor Commission hearings so unique?
⚖ They are designed for both parties to be able to proceed pro per, but the value of some of these claims are well into the six figures, so having a lawyer who knows the law and knows how these hearing work is becoming essential, especially for employers.
2/
Photo by AbsolutVision on Unsplash
⚖ Each regional office operates just a little differently, although all the forms and deadlines are the same, and in some regions it can take years for a case to be heard while others only a few months.
⚖ Each Labor Commissioner handles things a little differently. Although the hearing process is essentially the same no matter who hears the case, what the individual Labor Commissioner focuses on, how they run their hearing, how fast they are able to issue a ruling- it all varies widely.
3/
⚖ It’s basically like a mini-trial that only lasts for a few hours, all done virtually, based on evidence previously submitted, opening and closing statements, and live witness testimony. But the rules of evidence don’t exactly apply so it feels almost like a mediation and crazy things can happen. (Especially with self-represented parties who try to force Perry Mason moments.)
4/
So, if you’ve been tagged in a Labor Commission case and want to have someone in your corner (yes, that answer you have to submit is VERY important and yes, the deadline to respond is that short), drop me a line.
5/5
Alyson Decker