Legal Question in Employment Law in California

My employer says my position is exempt, yet according to the DLSE, my position is not exempt. The DLSE can not get to our complaint for 3 months. Is it better to wait for the DLSE to do an investigation or should my colleagues and I get a lawyer to sue for overtime pay we have not received?


Asked on 2/04/10, 1:33 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If enough employees are affected and have suffered wage loss over an extended period of time, it may be more advantageous to discuss with attorneys the possibility of a class action or multiple lawsuits. If it is a relatively small case, the DLSE is better suited to handle it.

Three months may not be as swift as you would like, but a civil lawsuit will take much longer. Your decision really will depend on what your objective is and how you wish to reach that goal.

Talk to several employment law attorneys in your area to get an idea of what your options are, their methods and what the costs are expected to be. Then make your decision.

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Answered on 2/09/10, 1:44 pm
Terry A. Nelson Nelson & Lawless

If enough unpaid money, with possible interest and penalties, is in issue to justify hiring an attorney, you should do so. If there is a group of people also entitled to unpaid compensation, then joining together makes sense to share the costs. If you are serious about taking action, either by suing, or hiring counsel to represent you in the Labor Commissioner hearings and trial, feel free to contact me.

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Answered on 2/09/10, 4:37 pm


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