HOW DOES THE CA LABOR COMMISSIONER DIFFER FROM COURT?

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California employees have two basic forums available to them for filing claims when they believe their employer has violated certain California Labor Code sections: Superior Court and the California Labor Commissioner. The process for filing such a claim in Court is essentially no different than filing a Court claim for many other types of civil matters. However, the process and procedures involved with a CA Labor Commissioner claim are very different than the Court process and procedures.

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CA Labor Commissioner Claims Process & Procedures

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California employees have the ability to file claims with the California Labor Commissioner when they believe their employer has violated certain California Labor Code sections. Typically, such claims involve issues such as an employer’s alleged failure to pay legally required wages, meal and rest break requirements, and reimbursement of employment related expense matters.

An employment relationship needs to exist for the Labor Commissioner to have jurisdiction of the claim. Independent contractor claims and/or other purely contractual relationship claims not based in an employment context, are not claims which typically can be adjudicated by the Labor Commissioner. However, employees who claim to have been misclassified as an independent contractor can file a claim with the Labor Commissioner.

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