FAQ

Do I Need to Hire an Attorney for Labor Commissioner Claims?

Do I Need an Attorney at the Labor Commissioner’s Office?

Employees that believe they are owed unpaid wages or expenses can file a claim with the Division of Labor Standards Enforcement—aka the Labor Commissioner.  The Berman Hearing process, as it is called, is set up so the parties can represent themselves.  Oftentimes, however, parties will be represented.

Why Would Someone Want to Hire an Attorney for Labor Commissioner Claims?

There are many reasons participants hire an attorney for Labor Commissioner claims:

  • Although the process is fairly straightforward, having an advocate familiar with the Labor Commissioner process will help you identify the important facts and documents that you will enable you to prevail at the hearing.
  • Having an experienced wage and hour attorney advise you regarding your options and likely outcome will help you make better decisions regarding what to do in your particular situation.
  • Knowing someone is in your corner giving you the best chance to succeed will enable you to focus on the facts that really matter.
  • When the other side is represented, having your own attorney fighting for you can help balance the scales and help you avoid costly mistakes.
  • A qualified attorney will meet with you before the hearing and explain the process so you can be adequately prepared.
  • Hiring an experienced attorney to represent you at the Labor Commissioner will enable the attorney to better advise you should one side appeal the Labor Commissioner, because the attorney will be familiar with the facts and evidence and be able to advise you regarding the likely outcomes during the appeal.

Robert Nuddleman has been representing employers and employees before the Labor Commissioner since he was in law school.  He has represented hundreds of clients in a wide variety of Labor Commissioner claims, including claims alleging unpaid minimum wage, unpaid overtime, missed meal and rest breaks, unpaid commissions and bonuses, unpaid expenses, vacation pay, liquidated damages under Labor Code section 1194.2, waiting time penalties under Labor Code section 203.

Although you may be able to represent yourself at the Labor Commissioner’s office, hiring an attorney familiar with the wage and hour laws and the Labor Commissioner process will increase your chance of success.  Whether you need to hire an attorney to represent you at the informal conference or the hearing, or if you just need an attorney to review your matter and advise you regarding your options and the best way to improve your chance of success, Robert Nuddleman can help you succeed.