The Watkins Firm has more than four decades of experience successfully representing San Diego employers in a labor hearing or ‘Berman Hearing’ before the California Division of Labor Standards Enforcement, the Labor Commissioner, and other state and federal agencies. It has never been more difficult for a San Diego or California employer to meet all of the requirements established in local, state and federal laws and regulations.
Important Takeaways Regarding Representing San Diego Employers in a Labor Hearing or Berman Hearing:
- If you have been contacted by any California state agency, the Labor Commissioner, or other agency and asked to attend a conference, hearing, or Berman Hearing, you need an experienced, proven employer defense attorney from the Watkins Firm.
- California employers need effective, proven strategies in disputes with the EDD, the Department of Fair Employment and Housing, the California Labor Commissioner, as well as the US Department of Labor or the US Equal Opportunity Commission
- These are not “casual” or “informal” conferences. They are focused on proving you are not an expert in employment law, that violations have occurred, and that your checkbook needs to issue a check for a very large amount. You need an experienced, proven employment defense attorney.
Defending San Diego Employers in a Labor Hearing or Employment Defense-related Cases
We defend San Diego employers in cases involving but not limited to:
- California Employment Development Department (EDD) Proceedings
- California Labor Commissioner Hearings and Conferences
- Appearances Before the California Department of Fair Employment and Housing
- Disputes before the US Department of Labor
- Complaints and Issues with the US Equal Opportunity Commission
If you are a San Diego or California employer and are contacted by a federal or state agency regarding an “informal” hearing or conference it should raise immediate red flags. These meetings are anything but informal. They usually begin with the hearing officer or Deputy Labor Commissioner aggressively examining an employer regarding US and California labor laws.
The vast majority of San Diego and California employers are not experts in labor law. The gaps in their knowledge are often quickly exposed. That prejudices the perception of the hearing officer, and, in many cases they will attempt to move directly into a “settlement conference.” The result – a settlement where you write a substantial check.
Pro-Tip: “No doubt about it. It’s always some “informal” hearing or conference. By the way, that means they informally intend to take a lot of your money as an employer. If there’s any agency asking questions, you need us, and you need us right now.
There’s always some lawyer looking at a paycheck and trying to figure out whether it came on timekeeping, unpaid time or overtime, whether the deductions were correct, whether everything was stated clearly and not in a vague manner, whether the size of the type print is correct. Basically, whether anything they can prove anything is wrong. And sometimes they just send out a letter and it won’t even have evidence, they’ll be wrong, but they’ll just want to intimidate or blackmail somebody. They’ll send out a frivolous claim to try to get you.
Wage and hour covers unpaid overtime, minimum wage violations, everything you can imagine when it comes to how you pay someone, when you pay someone, when you let someone go sick leave. Sick leave is a big one being out because you are got a doctor’s note or don’t have a doctor’s note, some type of leave issue. It’s a chronic, intermittent leave. I’m sick today. And then you see them outside having fun, and they’re on social media. Whatever they’re doing at the beach, they’re trying to get away with it, and they’re always letting you down and you want to let them go because they’re always letting you down. And then they say, ‘but my doctor says I have anxiety,’ or ‘I have this’ and ‘I have that.’ How do you run a business and get through that as an employer?
Well, we know, we do this all the time. It’s not easy. It’s delicate, but we counsel people around this exact employee every month, and it happens in every workplace. There’s always somebody working the system. They’re probably out working two jobs, who knows? It’s very trendy right now. So how you handle it and how you communicate before it even gets to a lawsuit phase is important because we can do that. We can write your communications to that individual employee. It doesn’t mean we only draft agreements for everybody. We’ll draft stuff for you for one employee just to get you through this problem so that it would be very difficult for them, even though they’re trying to set you up to get one of these bounty hunter lawyers to take their case
That’s what I prefer. I prefer crushing the hopes and dreams of the Labor Commissioner, some state or federal agency, plaintiff’s counsel, and if you give me the tools and you get to us soon enough, then we get to do that. When that letter (from the plaintiff) comes and we’re sitting there just waiting for them to say the wrong thing or waiting to hammer them and beat them to the punch. And if you’ve talked to us early, that’s what we get to do most of the time.” – Dan Watkins, Founding Partner
Representing California Employers in Labor Conferences, Disputes, and Settlements
Why do you need attorneys with extensive experience representing San Diego employers in a labor hearing or ‘Berman Hearing’? California agencies have coined the term “wage theft” which exposes their bias as it relates to employee wage and hour issues and other employment related matters. This is why you need Watkins Firm employer defense attorneys who have extensive experience representing San Diego and California employers in these cases as well as negotiations, settlement conferences, mediation, arbitration, and at trial.
The Watkins Firm attorneys protect you at every step in the process. We contact the agency requesting documentation and background information regarding the complaint. We counsel you in preparation for discussions with agency representatives and represent you in the hearing or conference, We work to make sure you are prepared for the experience. We work to legally establish a firm defense against allegations leveled by the agency or employee in question. Our goal is to have the matter closed or to achieve a positive finding which reflects our client’s goals.
If you are search for attorneys with extensive experience representing San Diego employers in settlement conferences and hearings we invite you to review our podcast, Episode 28 – Common Employer Disputes and Defenses, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
