Comments on: Why Does Everyone Diss the DLSE?

By: Karl Humbarger

Karl Humbarger — Sun, 14 Jun 2009 18:34:28 +0000

I have an active appeal going on with DLSE Commissioner Bradstreet to investigate a hearing officer who accepted prima facie fraudulent evidence as factual evidence for the employer. When I initially attempted to provide evidence at the hearing that it was fraudulent, the hearing officer interrupted me and told me I could only present evidence of fraud at a criminal court and not at a civil hearing. The hearing officer also denied a subpoena order that the DLSE drew up on a completely false basis that was critical evidence that would have substantiated all my claims. The hearing officer, in her decision, then fabricated the testimony of the employer, reinvented the evidence of this employer and completely ignored the fraudulent evidence that I was able to prove during the hearing as completely fraudulent.
The labor Commissioner assigned this investigator who whitewashed this hearing officer’s gross misconduct and refused to address the evidence I presented supporting my allegations of this hearing officer’s corruption. I’ll quote from this investigator in regard to the subpoena order, “[W]e cannot enforce the subpoena if the party does not comply.” Neither the employer nor their lawyer ever stated that they wouldn’t comply with the order at the hearing and is categorically a gross misstatement because not to comply with a subpoena order is in fact a criminal act as stated in California Labor Code Section 93!
I contended to the labor commissioner that this was a whitewash and there was no evidence that in fact the investigator ever listened to the hearing tapes and other evidence as she stated she had.
I could go on and on and on about the corruption and dishonesty of the DLSE as I experienced it. It is obvious to me that the DLSE has no respect for due process or the labor laws. The senior deputy even held up the defendant’s check intended for me because I had complained about this hearing officer! I could hear laughing in the background when this senior deputy then conferred to me that they had given my complaint to a furloughed officer! What a confederacy of lamebrains!

By: Another DLSE Victim

Another DLSE Victim — Wed, 25 Mar 2009 07:42:48 +0000

Elisa Brown and DLSE Victim,
You can also write to Los Angeles Times newspaper and ACLU to look into a class action lawsuit since there are too many victims because of unlawful action of the DLSE.

By: Eliesa Brown

Eliesa Brown — Sat, 21 Mar 2009 22:41:53 +0000

This will chill you to the bone , I recieved unemployment, company was audited by EDD for failure to report payroll tax, then the underground economy found they had not covered workers for workers compensation insurance, and threatened thier contractors licience, I recieved workers comp. settlement, Bla Bla Bla, and the DLSE said I was an independant contractor, I went to de novo hearing the judge Scott L. Kays , ruled I was a Independnat contractor, I contracted The Govenor, who requested a investigation, later I recieved a letter from the Commissioner who stated I was not an Independant contractor, and fired the hearing oficer who made that “bias” mistake.it was too late cause I was then at the appellate level, but the Courts in Solano County seen the letters but still kept the same ruling, i was hospitilized after that, but I continue to think what could wedo? well i have 10 years legal exp. and have great conections, and I will be soon writing the president, and anything I can do to stop the crupt activity of the DLSE, and California employees.
dont forget Arnold is for BIG BIZ and he apponted these people and judges and heads of these administrative agencies.

lets put heads together and “CHANGE” the labor laws and proceedures of the DLSE

By: DLSE Victim

DLSE Victim — Thu, 05 Mar 2009 03:06:10 +0000

I can understand and my heart goes out to the DLSE for their backed up case load. They’ve told me there’s only 10 investigators for the entire State of California.

That said, as an employee trying to get a fair hearing, it seems that when the “Investigator” finally gets around to working on one’s case they don’t have much interest in arriving at the truth. They seem to want what is expedient, and they will mold the evidence into it’s exact opposite if they need it to fit. My “investigator” said “I need to get this off my desk” the same day she informed me of her faulty investigation and my inability to rebut a single error she had made in her slipshod investigation.

When a DLSE Deputy informed me she had finally “finished” her investigation (years after it was filed), she told me some very inaccurate information she gathered from another office of the DLSE. Basically, the employer lied to another Deputy about the policy I was fired for complaining about, the DLSE Deputy caught the Employer and reopened the case due to the fraud – and it was mistakenly closed by someone else. This “Investigator” told me to my face it was *never* closed, and took a year to close the original case(!). Even on an Appeal that noted this, the next “investigator” cut-and-pasted the wrong information from the first one, using it to justify her support of the lying Employer. I am in possession of the actual DLSE database that was in place when the “Investigator” visited, and it clearly shows the reopening – without a doubt.

Since the Determinations were (allegedly) reviewed by 2 Deputies, the Labor Commissioner and the Director of Industrial Relations, I can only surmise that either rampant corruption or incompetence is the DLSE’s guiding principle.

I can understand being overwhelmed in your work, but that’s no excuse for not doing a proper job when you finally get around to working on a case. It serves nobody to change or disregard the evidence that does not fit your prejudices.

By: Tom Walker

Tom Walker — Fri, 06 Feb 2009 22:50:34 +0000

No dissing the DLSE here, sure they’re backed up – what isn’t. It’s humorous to watch 5 years of gutted budgets for these Calif admin and enforcement agencies, then listen to Calif. taxpayers whine about delays, lack of attention, and lack of resources. Just what did we expect would happen? And, as far as inconsistent outcomes, are guarenteed outcomes available in our local courts? Not the courts I’m going to. As far as my dissing the Commissioners and staff, I’ll wait until their budget increases by 200-500%, then I’ll start making my demands that they improve their game. For right now, I’m glad they’re doing the quality job they are and they have my support.

By: Taxpayer

Taxpayer — Wed, 31 Dec 2008 06:20:08 +0000

If DLSE did something wrong and violation, please write a complaint letter to The Governor and to your State Lawmakers. If possible also send a copy of your letter to your U.S. Labor Department, Federal Lawmakers and the U.S. President as well to let them know those laws unenforced violators who are unfit to serve the public and needed to be removed out of the DLSE offices. Good Lucks and Happy New Year!!!

By: Bob

Bob — Sun, 23 Nov 2008 05:51:31 +0000

Wow thomas, I have a feeling that my hearing is going to turn out to be just like yours. I think that the DLSE is a wast of taxpayers money, but I’m stuck in the process. I was terminated and my employer didn’t payout my sick leave balance and made all sorts of illegal deductions from my final pay, not to mention claiming that I couldn’t get my credit-time hours paid-out. I hope that my case is clear to them, but from what you’re saying its like proving the world is round to a bunch of idiots!

By: thomas longmore

thomas longmore — Fri, 17 Oct 2008 20:51:08 +0000

the dlse just screwed me,i was a employee,i had taxes with held from my pay,my employer even with held liability ins and workers comp from my pay. and the dlse ruled that i was a independent contractor, i wish a good attourney would sue the dlse,i would be on board asap. the dlse employees are totally in competant. the dlse is a total waste of tax payer money.

By: StrongSideJedi

StrongSideJedi — Sun, 23 Mar 2008 14:05:10 +0000

I am personally aware of many businesses, small, medium, and large, who have been damaged by DLSE.

DLSE’s conduct is not only abusive, but it should be considered UNCONSTITUTIONAL.

What legal process sits OUTSIDE of judicial processes, ignores the legal precedence, and damages Californian’s for tens of millions of dollars per year?

DLSE is a travesty and no amount of $100.00 settlements can equate to the billions in damage that Starbucks, Boeing, Cheesecake Factory, San Diego Children’s Hospital, and more suffer each passing week as this “pro-business” governor continues to permit a state agency to deny fair hearing rights to stockholders and business owners.

This is tantamount to a forced and coerced governmental seizure of assets and private property WITHOUT trial!

By: James Peters

James Peters — Tue, 13 Nov 2007 00:40:14 +0000

True story:

I represented an employee whose employer simply stopped paying him for about a month before he simply quit. He was salaried, but incorrectly classified as exempt, so we had an overtime and minimum wage case.

We went to a hearing on the claims and the employee testified that he went to work at the same time pretty much every day and left about the same time. The employer (represented by their HR rep) disputed this orally, but did not introduce any evidence to support it and did not keep any record of hours worked whatsoever. The hearing went well and I felt pretty good about it afterwards.

Five days later the hearing officer issued an opinion finding in my client’s favor, but awarding him no money at all because we did not introduce any evidence to prove how many hours he worked each day. It should be noted that the employer alleged that the employee worked 8 hours each day (and did not receive any wages at all).

It’s the Wild West over there and the “good guys” don’t always benefit from their quackery.