After DLSE asked me to bring documents such as time calendar, 1099 copy, DE9 forms, W-2s yesterday, the commissioner then wrote the citations and fines.
They came to my business premise in May without appointment and inspected some documents. It may be risen from a former front desk person asking for overtime pay.
Okay, thanks.You current recourse is to request a hearing before a DLSE administrative law judge. The paperwork you received from the commissioner should have advised you of your right to a hearing. Did you receive that information?
Yeh, I can appeal these citations. But can I know the chances of penalty reducing or revision, since I have two W-2 employees and there is no clear cut line of defining 1099 and W-2s, so I put them as 1099. Is there a chance that I will be penalized more since I was told she just citated the last 6 month's finding, as I only have 6 months' record.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).