Legal Question in Civil Litigation in California
Jurisdiction of CA Labor Commissioner
I was an employee of a California Company for several years. I was assigned to work a temporary assignment in New Orleans, LA in the aftermath of Hurrican Katrina. My employer claims that Louisiana law apples to my employment ( although all withholding was CA) and that I am not entitled to overtime and doubletime as calculated in California. What is the authority of the CA LC over my case?
3 Answers from Attorneys
Re: Jurisdiction of CA Labor Commissioner
Hello.
Usually a "California" employee, particularly being paid out of and withholdings from a California "paycheck" mandate the use of California law. consequently, you may make a "complaint" to any local office of the California Labor Commissioner. You will be represented for free and the Department will prosecute the case for you if they believe you have a case.
Hope this has been helpful
Sincerely,
Mark Geyer
Re: Jurisdiction of CA Labor Commissioner
I recommend that you repost this question to the Labor and Employment Law section
Re: Jurisdiction of CA Labor Commissioner
With a written agreement, it determines the outcome of these issues. However, everything is negotiable. Get an attorney to help if the amount in question is substantial, it could be well worth your investment.