BERMAN HEARINGS: AN ALTERNATIVE TO LAWSUITS FOR WAGE CLAIM

If your employer owes you wages, you do not have to file a lawsuit to get paid. California offers another way: the Berman hearing. Berman hearings are administrative processes that can aid in employees recovering their wages

Why Choose a Berman Hearing?

These hearings, administered through the Division of Labor Standards Enforcement (DLSE), offer different benefits than civil lawsuits, specifically the point that they do not incur the costs and risks of a civil lawsuit. There is no filing fee and no attorney is required; you may represent yourself, bring an attorney, or bring another representative you choose. Further, Berman hearings are much more informal for both parties. Claims are heard by a Deputy Labor Commissioner rather than a judge, and there are no juries, formal pleadings, and/or lengthy discoveries. The main trade-off is time. Given the heavy caseload of the Labor Commissioner’s Office, the DLSE, on average, will hear a claim with a 334 day delay. While it’s slower than a civil lawsuit, the cost savings are substantial. .

Berman Hearings: An Alternative To Lawsuits for Wage Claims If your employer owes you wages, you do not have to file a lawsuit to get paid. California offers another way: the Berman hearing. Berman hearings are administrative processes that can aid in employees recovering their wages.

Why Choose a Berman Hearing?

These hearings, administered through the Division of Labor Standards Enforcement (DLSE), offer different benefits than civil lawsuits, specifically the point that they do not incur the costs and risks of a civil lawsuit. There is no filing fee and no attorney is required; you may represent yourself, bring an attorney, or bring another representative you choose. Further, Berman hearings are much more informal for both parties. Claims are heard by a Deputy Labor Commissioner rather than a judge, and there are no juries, formal pleadings, and/or lengthy discoveries.

The main trade-off is time. Given the heavy caseload of the Labor Commissioner’s Office, the DLSE, on average, will hear a claim with a 334 day delay. While it’s slower than a civil lawsuit, the cost savings are substantial.

Your Records Are Your Case

It is imperative for the claimant to keep records, documents, and information. This can be in relation to wages, hours, and lost wages. For instance, pay stubs, time records, and paychecks would be helpful.

Keep The Deadlines In Mind

It’s important to note that there are deadlines for claims to be made, depending on the type of claim. The deadline for penalties with a bounced check is one year. The deadline for oral promises to compensate employees above minimum wage is two years. The deadline for violations of “minimum wage, overtime, meal/rest break violations, sick leave, illegal deductions from pay, or unpaid reimbursements” is three years (Ford). The deadline for violations of a written contract is four years.

The Process

Filling: One files an Initial Report or Claim (DLSE Form 1) describing your employer, your pay, your hours, and the wages owed.

Assignment: The filed claim will be assigned to a Deputy Labor Commissioner to investigate and review. They then can dismiss the claim, refer it to a conference, or refer it to a formal hearing.

Conference: Most claims are first set for an informal conference where the Deputy listens to both sides and explores settlement. The person who filed the claim must attend; if the claimant does not appear, absent good cause, they will have the claim dismissed. Discussing the case with an attorney prior to the conference is wise, since even simple claims can involve questions about recoverable pay periods, penalties, and witnesses.

Hearing: Unresolved claims go to a recorded hearing before a hearing officer. Testimony is under oath and the hearing officer may consider any evidence reasonable people would rely on in serious affairs. The hearing officer decides which witnesses testify and in what order, whether to accept or reject documents, whether to take official notice of public records, and whether the parties will stipulate to undisputed facts.

Rights at the Hearing

Both parties may be represented by an attorney or any other person of their choosing, present evidence, testify, call witnesses, cross-examine the other side, explain and rebut evidence, and have an interpreter present if needed.

Decisions and Appeals

Within 15 days after the hearing, the hearing officer issues a written Order, Decision, or Award (Labor Code § 98.1), though delays can occur. Each side then has 10 days from service to appeal to superior court (Labor Code § 98.2), where the case is tried de novo before a judge. An employer must post a bond for the full award to appeal, and a party who does not improve its position on appeal pays the other side’s attorney’s fees. If no appeal is filed, the award is entered as a court judgment.

A Practical, Cost-Effective Way To Recover Wages

A Practical, Cost-Effective Way To Recover Wages Unpaid wages is money that you earned and are owed, and California law gives you an accessible way to recover them without the hardships of a civil lawsuit. If you believe your employer owes you wages, overtime, break premiums, or final pay, gather your records, check your deadlines, and consider whether the Berman process is the right path for your situation. If you or a loved one is facing criminal charges in California and you are concerned, contact our office today to schedule a confidential consultation and discuss your legal options, locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.