I Have My First Conference with the Labor Commissioner Over an Overtime Dispute. Do I Need An Attorney?
After a wage claim has been filed with the Labor Commissioner, the first thing that happens is that a Conference is scheduled. This is a meeting held in the offices of the Labor Commissioner, in which a Deputy Labor Commissioner ask both sides a series of questions and if possible, get the case settled. After the Conference is completed, if the case is not settled, the Deputy will either dismiss the case, or forward it up the ladder so that it can be scheduled for a formal hearing. Settling wage disputes at the initial Conference is considered a high priority for Deputy Labor Commissioners, who have heavy caseloads and try to settle as many cases as possible to relieve congestion in the system. The Deputy Labor Commissioner actually has great power to affect the ultimate outcome of the case, based on the notes taken by the Deputy during the conference, which may contain positive or negative comments about either side of the dispute that may color and affect who will win or lose later.
The parties to a wage dispute are not required to be represented by an attorney at the initial conference, but if an attorney is present to represent a party, the attorney will be permitted to speak for a client (the client can remain silent) and make factual or legal arguments. As the Deputy Commissioners are not normally attorneys themselves, they may be inclined to view an attorney with greater respect or deference than would a Courtroom Judge. If in the initial Conference one side is represented by an attorney and the other side is not, the party who has qualified representation may have a clear tactical advantage, particularly in settlement negotiations. Further, the Deputy Commissioner may be less inclined to put settlement pressure to bear on a party who has an attorney in the room.
Thus, regardless of whether or not you are an employer or an employee, you will be in a far better bargaining position during the initial Conference if you have your attorney with you. Further, because wage laws are among the most confusing and complex laws on the books, having an attorney will enable you to take full advantage of every legal rule or loophole that may affect the outcome, and there are plenty.
Given the fact that there may be serious money at stake in even minor wage disputes, it is easy to see that having your own attorney is easily worth the cost, given that the typical wage dispute initial conference may last less than an hour.
If you are facing an initial Conference with the Labor Commissioner and would like us to represent you, or have other questions, please feel free to give us a call at 1-800-306-6010 or contact us online.
The parties to a wage dispute are not required to be represented by an attorney at the initial conference, but if an attorney is present to represent a party, the attorney will be permitted to speak for a client (the client can remain silent) and make factual or legal arguments. As the Deputy Commissioners are not normally attorneys themselves, they may be inclined to view an attorney with greater respect or deference than would a Courtroom Judge. If in the initial Conference one side is represented by an attorney and the other side is not, the party who has qualified representation may have a clear tactical advantage, particularly in settlement negotiations. Further, the Deputy Commissioner may be less inclined to put settlement pressure to bear on a party who has an attorney in the room.
Thus, regardless of whether or not you are an employer or an employee, you will be in a far better bargaining position during the initial Conference if you have your attorney with you. Further, because wage laws are among the most confusing and complex laws on the books, having an attorney will enable you to take full advantage of every legal rule or loophole that may affect the outcome, and there are plenty.
Given the fact that there may be serious money at stake in even minor wage disputes, it is easy to see that having your own attorney is easily worth the cost, given that the typical wage dispute initial conference may last less than an hour.
If you are facing an initial Conference with the Labor Commissioner and would like us to represent you, or have other questions, please feel free to give us a call at 1-800-306-6010 or contact us online.
