25+ Years Defending CA Employers
Employer-Only Representation
Statewide California
Free 15 min. Consultation
Does This Sound Like Your Situation?
DLSE wage claim filed against your business
Initial conference scheduled at the Labor Commissioner
Berman hearing notice received
ODA (Order, Decision, or Award) issued against you
§98.6 retaliation complaint from a current or former employee
Meal or rest break premium pay claim at the DLSE
Final wages or §203 waiting time claim before the Labor Commissioner
Wage claim from a 1099 contractor, gig worker, or staffing employee
What's Actually at Stake
Window to File a De Novo Appeal After an ODA
In the Amount of the Award to Appeal
Owners and Officers Individually Liable
Asymmetric Attorney's Fees on a Failed Appeal
DLSE claims look procedurally simple but carry asymmetric risk for employers. The deadlines are short, the bond is real, and a failed appeal can shift the employee's attorney's fees against you.
Going It Alone vs. With Defense Counsel
Going It Alone
Show up without records prepared.
Hearing officer hears only what the employee presents.
ODA is issued and the 10-day clock starts.
Bond required just to consider an appeal.
Admissions at the conference become part of the record.
The Demand Letter Math
Records pulled and exposure mapped before the conference.
Settlement options weighed against actual hearing risk.
ODA-prevention strategy presented to the hearing officer.
Appeal evaluated on a cost-benefit basis, not panic.
Conference and hearing statements managed to protect the record.
"The Berman hearing is faster, more procedural, and less informal than employers expect."
How We Defend DLSE Wage Claims
Calendar Every Deadline
We map the conference date, hearing date, ODA window, and the 10-day §98.2 appeal window the moment we're engaged. Missing any one of them limits your defense options.
Pull Records and Map Exposure
We pull payroll, time records, classification documents, prior complaints, and the underlying policies. The exposure analysis tells us whether to settle at the conference or defend through the hearing.
Prepare the Berman Hearing Defense
We assemble evidence, prep witnesses, and write the defense theory. Berman hearings are informal but procedural, witnesses testify under oath and the hearing is recorded.
Represent at the Conference and the Hearing
We attend the initial conference, negotiate where settlement makes sense, and represent you through the Berman hearing if the matter proceeds.
Appeal or Implement Compliance
If an ODA goes against us, we evaluate the §98.2 appeal honestly on cost-benefit. If the result is acceptable, we move to forward-going compliance to prevent the next claim.
DLSE deadlines move fast. The conference is often set within weeks of the claim filing.
Tell us what you received. We'll review it in 15 minutes, free.
Real Scenarios We've Handled
RESTAURANT GROUP
Wage Claim Settled at Conference Without a Hearing
Situation
Former busser filed a DLSE wage claim alleging unpaid overtime, missed meal breaks, and waiting time penalties. The demand was structured to drive a settlement before the Berman hearing.
Outcome
We pulled time records and payroll history before the initial conference and presented an exposure analysis showing the real number. The matter resolved at conference for a small fraction of the demand without proceeding to hearing.
CONSTRUCTION COMPANY
ODA Reduced on De Novo Appeal
Situation
Employer received a Berman ODA after appearing at the hearing without counsel. The hearing officer accepted the employee's overtime calculation without challenge.
Outcome
We filed the §98.2 appeal within the 10-day window. At the de novo trial in superior court, we presented the full payroll records and a corrected overtime calculation. The final judgment was materially lower than the original ODA.
RETAIL EMPLOYER
§98.6 Retaliation Claim Defeated
Situation
Former cashier filed a §98.6 retaliation complaint claiming termination was in response to a wage complaint they had raised weeks earlier. The wage complaint was on the record.
Outcome
We presented documented performance history and pre-complaint write-ups showing the termination decision was made for unrelated reasons. The retaliation claim was dismissed at the conference stage.
Past results do not guarantee future outcomes. Every case is different.
Frequently Asked Questions
The conference is in three weeks. Do we really need a lawyer?
You don't have to bring one, but the conference often sets the tone for the entire claim. What you say (or what your HR person says) at the conference becomes part of the record. Employers who walk in without counsel frequently make admissions that are used against them later, at the Berman hearing or in a follow-on civil action.
Can we just settle at the conference and avoid the hearing?
Often yes, and sometimes that's the right call. But before settling, we run the actual exposure to make sure the number on the table is defensible. We also structure the release language carefully to avoid leaving a door open for follow-on PAGA, class, or §98.6 retaliation claims from the same employee or others in similar positions.
The employee is now claiming we retaliated against them. Is that a separate problem?
Yes. Labor Code §98.6 prohibits retaliation against employees who file wage claims or complain about wage violations. It's a separate cause of action, often added to a wage claim, and it carries its own penalties and remedies. We defend §98.6 claims with the same approach: documentation, timeline, and the legitimate non-retaliatory reason for any adverse action.
We received an ODA against us. What are our options?
Three options, with the clock already running. First, accept the ODA and pay. Second, settle for a reduced amount before the appeal deadline. Third, file a §98.2 appeal within 10 days, which triggers a de novo trial in superior court. The appeal requires posting a bond in the amount of the award, and §98.2(c) can shift the employee's attorney's fees against you if the appeal fails. We help you weigh the trade-offs honestly.
Will the DLSE claim turn into a bigger lawsuit?
It can. The same employee can file a civil complaint after the DLSE process, especially if the DLSE outcome dissatisfies them. Other employees in similar positions can also join a PAGA notice or class action based on the patterns the DLSE claim surfaced. The way we resolve the DLSE matter affects what's available to the plaintiff's bar afterward, which is why early defense matters.
Got a DLSE Notice? Don't Walk In Unprepared.
The Labor Commissioner's process moves fast, and the procedural rules are strict. Once a conference is on the calendar, the time to build a defense is now. Talk to our team. We'll review what you received and lay out a plan to defend it.
Free. No obligation. Responses within 1 business hour. Employer-only representation, never employees.