Legal Question in Employment Law in California

My wife and I both worked as caregivers in a group home for the developmentally disabled. We worked 2 weekday split shifts (morning then afternoon to evenings) and 12 hour shifts on weekends. We were told when we were employed that no OT was due on weekends because our work fell under labor laws similar to nurses or doctors. When I contacted the DLSE (California) they advised us to file a claim. The question is- should we contact an attorney to review the case or rely on the court arbitrator to inform us of our rights? We worked this shift for approximately 20 months and quit January of this year. There are about 15-20 other employees who worked these conditions.


Asked on 6/01/11, 7:37 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

The DLSE was designed as an alternative to the court system, so that people who cannot afford an attorney or who wish to use a simpler process can file wage and hour claims without an attorney. If you are reasonably articulate and do not get too nervous in quasi-judicial hearings, you may be able to do well without an attorney, as long as you are well prepared. But be aware that the employer will probably have an attorney representing it.

When you file a claim with the DLSE, you will have to pay for your own attorney. Depending on the case, some attorneys may be willing to take the matter on a contingency basis but many will charge hourly. You would have to speak to several before deciding if and who you would like to retain, should you feel overwhelmed. A good test will be at the first conference. You can attend the conference on your own. But if you believe this may be more difficult than you anticipated, and the case does not settle and is scheduled for a hearing, you may wish to find counsel to represent you at the hearing.

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Answered on 6/01/11, 10:45 am


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