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What is a good Attorney fee for EE in CA Labor commission complaint California

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  • What is a good Attorney fee for EE in CA Labor commission complaint California

    I (employee) know I don't need an attorney when I file a complaint with CA labor commission, but 1. can I get one, 2. what is a good amount to pay, by hour or percentage of my dispute.


  • #2
    You should either file with the labor commission, or you should hire an attorney to pursue your suit. If you do the former, you are correct, you don't need an attorney. If you do the latter, most will take the case on contingency and include their fees as part of the suit.

    If you want to hire an attorney because you want to hire an attorney, fees run a wide range. You should be able to find one almost anyplace in California for between $200 and $400 an hour.
    Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.


    • #3
      While you do not need an attorney to represent you in a DLSE filed action, you may at least want an attorney present for the actual hearing itself, should it go that far. So, if you want to keep costs down, file the DLSE action yourself (making sure that ALL potential claims are included and you have correctly calculate the potential damages), attend the preliminary hearing and if the officer sends it to a formal hearing, then you could bring an attorney in to represent you. You will have to pay hourly in that situation rather than a contingency, but it may result in a higher overall recovery for you.

      Any attorney who handles such cases should provide you a free consultation to discuss your potential claims and provide you these alternatives as well as discussing a DLSE vs. private action and the costs and benefits of each.
      J.E.B. Pickett
      Wynne Law Firm
      California Wage & Hour Class Action Attorneys.

      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.


      • #4
        Just a thought, but should you choose not to use an attorney, you might want to take a hard look at the CA-DLSE manual. There is an advantage to framing your arquements in a similar manner to how CA-DLSE discusses the rules.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        The 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 are opinions and suggestions of members and is not a representation of the opinions of 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.