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Does the Labor Commissioner and CALOSHA work hand in hand if

Resolved Question:

Does the Labor Commissioner and CALOSHA work hand in hand if you file a complaint with either one? I was reading through the Labor Laws in Cailifornia and it seems some laws overlap one another when you cross reference Safety issues and procedural management from employer to employee relations. I posted about an issue I have pending with my job and Joseph recommended that I file a claim with CALOSHA to protect my self from future retaliation from work over a mismanaged order I received that disrespected standard operating procedures. I did file with CALOSHA and info I gave is on the Directors desk awaiting approval.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Yes, the Labor Commissioner and CALOSHA do work together if you file a complaint with CALOSHA, since CALOSHA is a dvision of the Department of Industrial Relations.

However, if you do have a separate issue regarding wages and hours, you should file a separate complaint with the Division of Labor Standards Enforcement for that claim.
Customer: replied 2 years ago.

Hi Joseph,


 


In my case I lost 36 hours pay over a suspension I received over the same issue I filed a claim to CALOSHA about. So if I understand you correctly I should file with DLSE for my loss?


 


Thanks,


 


Alvin

Expert:  Joseph replied 2 years ago.
No, that's not an issue that DLSE can help you with. As an at-will employee, your employer can suspend you without pay, so you wouldn't have a wage claim for that issue.
Customer: replied 2 years ago.

Joseph,


 


When I read the following this would fall under CALOSHA who would in turn be connected with the Labor Board wouldn't it?


 


c) If the Labor Commissioner determines a violation has occurred, he or she

shall notify the complainant and respondent and direct the respondent to
cease
and desist from the violation and take any action deemed necessary to
remedy the

violation, including, where appropriate, rehiring or
reinstatement,
reimbursement of lost wages and interest thereon, payment of
reasonable
attorney's fees associated with any hearing held by the Labor
Commissioner in
investigating the complaint, and the posting of notices to
employees. If the
respondent does not comply with the order within 10
working days following
notification of the Labor Commissioner's
determination, the Labor Commissioner
shall bring an action promptly in an
appropriate court against the respondent.
(CA Labor Code 98.7)


 


So being that I filed a claim with CALOSHA the above would apply automatically?


 


Thanks,


 


Alvin

Expert:  Joseph replied 2 years ago.
Yes, this applies to a CALOSHA complaint, so the Labor Commissioner would automatically be involved with the complaint.
Customer: replied 2 years ago.
Thanks Joseph you've been most helpful.
Expert:  Joseph replied 2 years ago.
Thank you; best of luck!
Joseph, Lawyer
Satisfied Customers: 5272
Experience: Extensive experience representing employees and management
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