The hearing officer for my case told us that he would issue his decision in writing within 45 days. It has been 45 days and nothing, my lawyer(from the state) says thwere is nothing we can do. He told me I could try to call where my hearing was and ask if I could leave a message for the hearing officer. Do I have any rights, what can I do? No one from DLSE acts as if anything can be done. Thanks for your time and help.
Sincerely,

Frustrated and Helpless

Definitely call and ask the hearing officer (tactfully) if the decision has been issued. I have dealt with at least one case where they just forgot to mail it out.

I did ask if it had been mailed and he said no. He also said he had no idea when it would be or did he say why. There were only a couple of witnesses plus my former employer agreed money was owed. The hearing officer completely catered to him even though he was hours late, missing paperwork, etc., for almost every hearing.

Thanks,
Josh Siler

That doesn't mean that the decision will come down in the employer's favor, though. A lot of times, in an effort to be neutral, they will actually be harder on the side that they favor.

It is so frustrating dealing with government agencies - they can ignore their own rules and deadlines, but you can't.

Maybe you can try sending a letter that (tactfully, again) reminds them that it has been more than 45 days and that you are still waiting. Sometimes, having something in the file can be an impetus.

I sent a letter to the hearing officer on Dec. 9, 2006 and still have not received a response. My former employer admitted to there being money owed just not how much. I have tried calling Sacramento and San Francisco offices but no help whatsoever. Who regulates or supervises these people and what can I do?
Sincerely, Josh Siler

I can appreciate your frustration. I suspect the hearing officer is still weighing the evidence and has not yet come to a conclusion. A word of caution: Be careful on how hard you push. It has barely been a month since your December 9th letter to the hearing officer. With the year-end holidays, it is not shocking that you have not yet received a written response. Give it another month (or two). If at that point, you still have not received a response, you might want to write a tactful letter to Robert Jones, Acting DLSE Chief http://www.dir.ca.gov/dlse/DLSE-ContactUs.htmn or even your local state representative http://www.legislature.ca.gov/legislators_and_districts/districts/assemblydistricts.html for assistance.

Dont feel like doing there job?

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I understand that budget cuts and things like that have left them (dlse) way overloaded and way under staffed. So what state office or official can I write or contact concerning the financial hardship this lack of action is doing to my family. Also, I didn't represent myself, the state had an attorney on my behalf,(although I'm not quite sure) and was told there is nothing we can do except wait. Can I receive interest or payment of any for having to wait for money that should already be mine? And really, how many months should I wait to hear something? I have called and written letters with no response. The testimony ended on Sept. 20, 2006. Or is it just to bad for me and my family because the people they are getting paid regardless of my case or not and are not going to be bothered by some workers questions and expectations.

Frustrated and Overdrawn,
Siler1

siler1: So what state office or official can I write or contact concerning the financial hardship this lack of action

Did you not click on the links in my post above?

I dont know how many posts I have posted but prevailing wage case has hit the 2 year mark. The hearing officer submitted his decision to his supervisor who will then submit his decision to the director. My hearing ended 8 months ago, how lng and how many people have to decide? My former boss admitted that theres money owed. Who do these people answer to? Can they just take as long as they want cause they feel like it? Why wont anybody question or challenge them. Is it only God they aswer to?

Back in January, I recommended that you write a letter to Robert Jones, Acting DLSE Chief http://www.dir.ca.gov/dlse/DLSE-ContactUs.htmn or your local state representative http://www.legislature.ca.gov/legisl...districts.html for assistance. Did you write either of them? What response did you get?

I still have not received a response from either. I figured it because I did not send certified so no one is accountable for disregarding. I will try sending letters again, certified mail and hopefully someone might know what is going on with my claim.

Twenty-five months later and a decision was made in my favor. So anyone know how much longer my former employer can continue to make me wait for my money? He never got a lawyer, does he need one to appeal? How long does he have and what chance is there thyat the decision may be changed? Thanks for your time and information, its greatly appreciated. Sincerely,

Congratulations!

Your employer has only 10 days to appeal the decision, as set forth in LC 98.2. After that, it's a done deal.

Thread hijack............

Welcome back, Barry, where ya been? :D

Patty: There are, unfortunately, only so many hours in a day. We have been bombarded with work at the office for the past few monts. Couple that with the fact I was in Eurpore for most of August, and it doesn't leave much time for posting.

I will continue to review the board on an ad hoc basis and answer select questions that might be outside of the norm. But my presence around here will be much less than in the past. You, Scott, cbg, and the gang seem to have all the answers anyway. No reason for me to be redundant. :)

Any time you can spare the time, you're always welcome!

Does that mean a check will be waiting for? Or is it a whole new process trying to collect? Will I need a lawyer and what are my options in trying to collect? Thanks

A decision was awarded in my favor on Sept. 7, 2007. I was told my former employer has 45 days plus 5 days mail to appeal, then if not a judgement can be entered. What can I expect when it is appealed? Will it take as long as original dispute did? Will we have to go through the hearing process again? And could the decision be withdrawn or reversed?

Thanks for your help, Sincerely, J.S.

A decision was issued by the director of the dlse in my favor. I was told we had to wait 45 days plus 5 for mail then we could file for a judgement with the court. Any idea how long this process takes and am I really any closer to getting any money? The papers were filed on 10/29/07 and my lawyer said he couldn't attempt to collect untill then. Thanks for everyones time and help its greatly appreciated! J.S.

The answer to your questions are found in LC 98.2. I have cut and pasted below for you.

LC 98.2

(a) Within 10 days after service of notice of an order, decision, or award the parties may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. The court shall charge the first paper filing fee under Section 70611 of the Government Code to the party seeking review. The fee shall distributed as provided in Section 68085.3 of the Government Code. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable.

(b) Whenever an employer files an appeal pursuant to this section, the employer shall post an undertaking with the reviewing court in the amount of the order, decision, or award. The undertaking shall consist of an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award. The employer shall provide written notification to the other parties and the Labor Commissioner of the posting of the undertaking. The undertaking shall be on the condition that, if any judgment is entered in favor of the employee, the employer shall pay the amount owed pursuant to the judgment, and if the appeal is withdrawn or dismissed without entry of judgment, the employer shall pay the amount owed pursuant to the order, decision, or award of the Labor Commissioner unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of entry of the judgment, dismissal, or withdrawal of the appeal, or the execution of a settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, is forfeited to the employee.

(c) If the party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney's fees incurred by the other parties to the appeal, and assess that amount as a cost upon the party filing the appeal. An employee is successful if the court awards an amount greater than zero.

(d) If no notice of appeal of the order, decision, or award is filed within the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order.

(e) The Labor Commissioner shall file, within 10 days of the order becoming final pursuant to subdivision (d), a certified copy of the final order with the clerk of the superior court of the appropriate county unless a settlement has been reached by the parties and approved by the Labor Commissioner. Judgment shall be entered immediately by the court clerk in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. Enforcement of the judgment shall receive court priority.

(f) (1) In order to ensure that judgments are satisfied, the Labor Commissioner may serve upon the judgment debtor, personally or by first-class mail at the last known address of the judgment debtor listed with the division, a form similar to, and requiring the reporting of the same information as, the form approved or adopted by the Judicial Council for purposes of subdivision (a) of Section 116.830 of the Code of Civil Procedure to assist in identifying the nature and location of any assets of the judgment debtor.

(2) The judgment debtor shall complete the form and cause it to be delivered to the division at the address listed on the form within 35 days after the form has been served on the judgment debtor, unless the judgment has been satisfied. In case of willful failure by the judgment debtor to comply with this subdivision, the division or the judgment creditor may request the court to apply the sanctions provided in Section 708.170 of the Code of Civil Procedure.

(g) Notwithstanding subdivision (e), the Labor Commissioner may stay execution of any judgment entered upon an order, decision, or award that has become final upon good cause appearing therefor and may impose the terms and conditions of the stay of execution. A certified copy of the stay of execution shall be filed with the clerk entering the judgment.

(h) When a judgment is satisfied in fact, other than by execution, the Labor Commissioner may, upon the motion of either party or on its own motion, order entry of satisfaction of judgment. The clerk of the court shall enter a satisfaction of judgment upon the filing of a certified copy of the order.

(i) The Labor Commissioner shall make every reasonable effort to ensure that judgments are satisfied, including taking all appropriate legal action and requiring the employer to deposit a bond as provided in Section 240.

(j) The judgment creditor, or the Labor Commissioner as assignee of the judgment creditor, is entitled to court costs and reasonable attorney's fees for enforcing the judgment that is rendered pursuant to this section