Have you ever been issued a labor code violation citation by a Deputy Labor Commissioner in Sacramento? You might have noticed that the form you are given to appeal the citation requires you to waive your right to a timely appeal hearing. You should not agree to this waiver!
The Deputy Labor Commissioners in Sacramento arenâ€™t cutting you and your business any slack â€” so why should you return the favor?
The appeal (sometimes referred to as a â€œcontestâ€) of a citation issued pursuant to Labor Code section 226.5 and Labor Code section 1197.1 must be heard within 30 days. The law is clear: "The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearingâ€¦â€
When a business owner is issued a citation, the citation is typically accompanied by a â€œRequest for Citation Appeal Hearingâ€ form. You should avoid using this form.
The form has language at the bottom that states that you voluntarily waive the time limit discussed above. However, there is no law that actually requires you to waive your right to a timely appeal hearing!
If you want to request an appeal, I recommend that you draft your own letter demanding a hearing (or contact my office and I can draft a letter for you). Note: it is important that you send your appeal request within the time required by law.
A timely appeal hearing will allow you to quickly get to the merits of the citation and will allow you to present evidence and testimony that may not otherwise be available to you many months down the road when the Labor Commissioner gets around to hearing your appeal.
The bottom line is this: stand up for yourself and your business and assert your statutory rights to a timely appeal hearing.
I really enjoy helping businesses in Sacramento fight back against the pushy bureaucrats at the Labor Commissioner's office. Call my office and I can discuss the specifics of your situation. I can be reached at (916) 333-2222.