California Supreme Court gives double win to employee

We have long cautioned that employees have a significant homecourt advantage in labor commissioner hearings and appeals. The commissioners are usually employee-friendly, but whatever they award, the rules make any appeal a bad proposition. In the case below, the California Supreme Court underscored that point with a new danger on appeal.

Understanding the Berman process

Employees have a simple process to enforce labor code and wage order violations through a written claim to the local California labor commission office, often called the Berman process. It’s informal, lawyers are not necessary (though they’re often advisable), and the hearing and decision are rapid.

The Berman process begins with an employee filing a complaint with the labor commissioner, who may conduct a hearing and issue an “order, decision, or award.” Either party may challenge this ruling by “filing an appeal to the superior court,” which tries the case anew without giving any weight to the labor commissioner’s determinations. The trial court may, in its “sound discretion,” allow an employee to raise additional claims that the labor commissioner didn’t consider during the administrative stage of the Berman process.