Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

CA-DLSE - Claim Processing Times California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • CA-DLSE - Claim Processing Times California

    Although the CA-DLSE states that they respond to claims within 30 days of filing, in reality, what is the typical timeframe for them to schedule a hearing or issue an order?

    For example, if a claim was filed on April 1'09 and DLSE responds by May 1 to acknowledge receipt of the claim, when can the claimant expect to be scheduled for a hearing?

    Any recent experiences with CA-DLSE or knowlege on the above? The concerned DLSE district offices is in San Francisco

  • #2
    They are really busy. I have had no personal experience but per other replies I have seen on this forum 2-3 weeks, possibly 3-4 weeks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Since you mentioned DLSE, I'm assuming this is a wage claim and not a UI claim.

      Actually, I would expect even longer than that, but my opinion is based only on anecdotal evidence. This is not a quick process.
      http://www.dir.ca.gov/dlse/Policies.htm
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        If anybody has any recent experiences on how long the CA-DLSE (SFO office) is taking to process wage claims, please share. Thanks!

        Comment


        • #5
          I don't know if this is recent enough, but I filed a wage claim in mid-December 2007, and got the check a few days after the New Year in 2008. In all, it took about 4 weeks from when I fired off my letter, to resolution. The state found my employer was in violation, and was ordered to pay me my missing wages.
          Last edited by ragpaoa; 05-01-2009, 06:25 PM.

          Comment


          • #6
            Originally posted by ragpaoa View Post
            I don't know if this is recent enough, but I filed a wage claim in mid-December 2007, and got the check a few days after the New Year in 2008. In all, it took about 4 weeks from when I fired off my letter, to resolution.
            Considering that state employees are now on furlough for two days per month and that I have also heard that overtime is now prohibited, I'm thinking longer than 4 weeks in this environment.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              From my talks with Deputy Labor Commissioners, they have been received many more claims on a monthly basis than ever before, all to be handled with less deputies and less man hours available.

              Current times are averaging 6-8 weeks before a response to a claim is provided.
              J.E.B. Pickett
              Wynne Law Firm
              California Wage & Hour Class Action Attorneys.
              877-352-6400
              www.wynnelawfirm.com

              Disclaimer: This response and any materials or content provided by this response are for general informational purposes only and should not be relied on or considered as legal advice. Under no circumstances does this informational response, directly or indirectly, establish or intend to establish an Attorney-Client relationship.

              Comment


              • #8
                Originally posted by WhizBe View Post
                Although the CA-DLSE states that they respond to claims within 30 days of filing, in reality, what is the typical timeframe for them to schedule a hearing or issue an order?

                I filed a wage claim against my deadbeat employer who bounced my checks and stiffed me on the last one when I quit. I filed a claim during the first week of Feb. 2009. I did not hear anything from the DLSE until the end of March. To take it a step further, if you need to get a hearing and/or a conference to sort out matters, expect at least an addtl 3 mos wait time. My conference is July. Good thing I don't need the money the deadbeat stiffed me on or anything.

                /sarcasm

                Comment


                • #9
                  I dont know if this is responding to a post that is too old.... BUT...

                  I filed with DLSE in the end of January 2009.... FINALLY and for the first time got correspondance in June requesting attendance of a "conference" on July 24th 2009. Employer is fighting - Commissioner stated the law is clear - but employers attorney keeps fighting... SO WE ARE NOW REFERRED TO GO TO THE HEARING. I just last week got my paperwork to sign authorizing my position to go to hearing. I talked to the deputy Commissioner this morning and she told me the leadtimes for Hearings are 6 MONTHS OUT!

                  So it looks like it will be close to a YEAR AND A HALF before I even get to HEARING!

                  This is NOT a fast process and the timelines stated on the website are not even remotely close.

                  Comment


                  • #10
                    In this case, tinker925, I don't think the moderators will mind. That is very useful (although, also depressing) information.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      I saw your post earlier, tinker, & didn't mind in this case.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        Yo! WhizBe

                        Don't let those DLSE hacks fool you. By The Labor Commissioner, pursuant to the provisions of Labor Code Sections 98 and 98.3, has established procedures for investigating wage complaints, which may include either a conference pursuant to Section 98.3 or a hearing pursuant to Section 98(a), or both. And Section 98 says they have thirty days only to decide if it goes to a confernce or is dismissed and maybe rarely if ever directly to a hearing. If it takes over that time go down to the DLSE and see if they even filed your case yet and is in the database. If not in the database they purposely haven't filed it and are in violation of the labor laws and you should complain. Twice they've done that to me and I have had to complain to the San Francisco Labor Commissioner to get them to file it!
                        They do this all the time!

                        Comment


                        • #13
                          It is in fact true and a well-known fact that most govt. offices are operating on furlough and lesser staff with more cases to deal with. In the age of transparency, employers from the go-go 90s are now having to face consequences of what they thought they could get away with. This has increased the number of cases and to some extent is a waste of the state's resources. However, it is the only recourse as most employer's will not concede to their mistakes even if they believe they're in the wrong unless ordered to do so - either by the DLSE or by a judgment in court.

                          Based on what others are saying, it can be much longer than the stipulated timelines before cases are adjudicated.

                          If others are hearing/seeing a change in processing times, please share your experience.

                          Comment


                          • #14
                            Just to share my experience with the DLSE.

                            Filed complaint in beginning of January 09.
                            Received Conference in Late May 09.
                            Received Hearing in Late October 09.

                            Pretty slow process. Now I'm wondering how long it will take for the DLSE to collect my judgement once I sign it over to them.

                            Comment


                            • #15
                              2012 Update

                              I quit my job in November, and I filed in December 2010. The DLSE determined there was enough evidence to skip the conference. We had the Berman Hearing in February 2012 and I got the decision in March 2012. Now I'm going to have to get a judgment enforced out-of-state and finally hired a lawyer to help me. But I did just fine on my own before the Labor Commission.

                              The Wage Claim process takes a long time. But once you case is scheduled, the staff are very helpful in answering questions, submitting subpoenas, and shut down my former employers attempt to intimidate me several times. I still woke up in the middle of the night regularly completely convinced my former employer would sue me for stealing post its and white out (which I didn't, but I was expecting they would do something awful).

                              They did talk trash about me to most of my old co-workers. They wouldn't say what I had done, but would ominously tell people that I wasn't to be trusted.

                              The Wage Claim was a long process.... But it was very liberating when when I looked into the eye of my former employer and so his reaction when the labor commissioner told him the labor code was very clear and he was wrong.

                              You can do it! Just be patient, do your homework and remember just getting $1 means you won and they lost.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X