An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

B. E NFORCEMENT O F W AGE L AWS

1. A DMINISTRATIVE E NFORCEMENT B Y T HE D IVISION O F L ABOR S TANDARDS E NFORCEMENT The Division of Labor Standards Enforcement is the state agency authorized to enforce California's labor laws, including the IWC Wage Orders. 805 The DLSE’s primary function is to enforce the state’s labor laws regulating wages, hours and working conditions. 806 The DLSE has the primary authority to investigate and prosecute all actions for the collection of wages. The Labor Commissioner is the Chief of the DLSE. 807 The Commissioner and his or her deputies and agents may make authorized investigations, obtain information from schools, and inspect or make excerpts from the school's records, contracts, payrolls or other documents relating to employees. 808 A school that refuses to grant access to the place of employment or provide information to the Commissioner may be found guilty of a misdemeanor punishable by fine of up to $1,000. 809 The Labor Commissioner has jurisdiction to investigate employee complaints and provide for an administrative hearing “in any action to recover wages, penalties, and other demands for compensation.” 810 This type of hearing is called a “Berman” hearing and its purpose is to provide employees a speedy, inexpensive, and informal method of resolving wage claims. 2. P RIVATE A CTION B Y T HE E MPLOYEE O R L ABOR C OMMISSIONER The employee or the California Labor Commissioner may file a civil action for recovery of unpaid wages or other forms of compensation. The Labor Commissioner has the discretion to prosecute such actions on behalf of persons who have claims which are valid and enforceable but are financially unable to employ their own attorney. 811 3. P ROHIBITION A GAINST R ETALIATION Labor Code section 98.6 prohibits any employer from taking any negative job action or discriminating against any employee or job applicant because the employee or applicant has engaged in any of the following protected activities:  Filed or threatened to file a bona fide claim or complaint;  Instituted any proceeding relating to the employee’s rights that are within the jurisdiction of the Labor Commissioner;  Testified or will testify in any proceeding; or  Exercised any right protected by the Labor Code for himself or another. The DLSE interprets the term “any right protected” broadly such that many activities fall within its gambit. For example discussing or complaining to the school or to others about lack of overtime premium pay is protected activity. 812 Employers are also prohibited from taking negative action or otherwise discriminating against an employee who discloses the amount of his

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 205