administrative claims. In California, the Labor Commissioner’s Office – a division of the Department of Labor Standards Enforcement – helps employees file administrative claims at no cost and investigates, seeks conciliation where possible, and schedules administrative hearings. Decisions and awards by the Labor Commissioner are forwarded to the Superior Court and become enforceable legal judgments. Employees may also report an employer’s retaliation for complaining of violations. The Department is authorised to investigate, conduct discovery, and issue citations. By the same token, what steps should companies take to ensure that they remain in full compliance with US wage and hour laws? Because many states, like California, have promulgated employment laws that are far more favourable to employees than analogous federal laws, employers who operate in multiple states should be keenly aware of each state’s employment laws. Wage/hour and anti-discrimination laws can be somewhat byzantine and may change with surprising speed, so it is not a wise idea to rely on human resource managers or payroll services to navigate the variously applicable laws and provide needed safeguards. As one example, after several counties in California set minimum wages that exceeded the state’s minimum, some companies were caught off guard with employee lawsuits. And, though corporate counsel in Delaware may be fully versed in federal wage laws, she may not be expected to be aware of the particulars in other states where the company does business, so having local counsel to confer with is a wise idea. Resources like state Chambers of Commerce often provide helpful guides, required posters, legal news and updates. How can an experienced employment lawyer assist with both of the above scenarios? Many employment lawyers assist businesses with risk management by vetting compliance issues. An employment lawyer can review handbooks, assist with employment policies and practices, investigate internal complaints, prepare or revise contracts and severance agreements, answer HR questions and provide updates on changes in the law. Employers in California should invest in meticulous compliance in order to avoid surprises in the form of administrative agency investigations, citations, or lawsuits seeking civil penalties and plaintiffs’ attorney fees. EXPERT INSIGHT 59 About Marian Birge Marian Birge possesses more than 20 years of experience in civil litigation, representing plaintiffs and defendants. Her areas of practice include employment law, discrimination, wrongful termination, disability issues, retaliation, contracts and business disputes, and she is also an experienced appellate lawyer. She represents clients in litigation and before administrative agencies, in mediation and through negotiations. About Garcia & Birge Garcia & Birge is a law firm based in San Diego, California, with a focus on employment law. The firm’s lawyers enshrine principled advocacy as part of their mission statement and bring a wealth of experience to bear as forceful advocates in litigation. Garcia & Birge work with both employees and employers and provide legal representation, consulting services, and quality legal and strategic solutions created together with their clients. 1 Hammer v. Dagenhart, 247 U.S. 251, 38 Sup. Ct. 529 (1918). The Hammer court held that Congress did not have the power to prohibit interstate commerce of cotton goods made at a factory that had, within 30 days of shipment, employed children under 14, or allowed children between 14 and 16 to work more than eight hours a day, more than six days in any week, or between 7:00pm and 6:00am. 2 Adkins v. Children’s Hospital, 261 U.S. 525, 43 Sup. Ct. 394 (1923). Chief Justice William Howard Taft (who became the 27th President of the United States) dissented. See also Morehead v. N.Y. ex Rel. Tipaldo, 298 U.S. 587, 56 Sup. Ct. 918 (1936 Contact Marian Birge Co-Founder, Marian & Birge 2173 Salk Ave Suite 250, Carlsbad, CA 92008, USA Tel: +1 760-579-7650 E: Mbirge@GarciaBirge.com www.garciabirge.com
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