Department Of Employment And Economic Development
What is the difference? 10 pts for best answer!?
There seems to be many dept’s to file complaints to and it seems like they all overlap and encompass the same issues… so whats the difference?
1) California Labor & Workforce Development Agency
2) Dept. of Fair Employment & Housing
3) Economic & Employment Enforcement Coalition
4) Equal Employment Opportunity Commission
5) National Labor Relations Board
6) U.S. Dept. of Labor
7) Department of Labor Standards and Enforcement
In particular – issues related to “retaliation, discrimination, or labor/wage related laws”, should you file to more than one?
The type of complaint or workplace issue will determine which agency you go to. For example, in California, if you have a complaint of employment discrimination, (race, sex, disability), you can go either to the California Department of Fair Employment and Housing (DFEH) or to the United States Equal Employment Opportunity Commission, (EEOC). Usually, it is preferable to file such a Complaint with DFEH since the discrimination protections of California law, especially on issues such as sexual orientation discrimination and disability discrimination are far broader than the federal law enforced by the EEOC. If you file a complaint with DFEH, you can automatically cross-file the same complaint with EEOC.
If the issue is the payment of wages, such as minimum wage, overtime, payment of commissions or any pay-related issue, go to the Division of Labor Standards Enforcement, (DLSE), sometimes commonly referred to as the Labor Commissioner. If you want to sue an employer over a payment of wages issue, you should first send a letter to the Labor and Workforce Development Agency. Then after 30 days have passed you can file a lawsuit and seek additional penalties against the employer under the California Private Attorney General Act.
The Economic & Employment Enforcement Coalition is a special unit that focuses on the underground economy, — sweat shops and other businesses that attempt to operate outside legal requirements.
You can file wage complaints with the United States Department of Labor, but usually in California, the DLSE will deal with the issue more quickly. On the other hand you need to go to the U.S. Department of Labor for such issues as veterans reemployment rights or issues concerning pensions.
The National Labor Relations Board (NLRB) is a U.S. government agency which deals exclusively with the right of employees to join unions or seek to have a union represent the employees at their workplace. The NLRB also deals with collective bargaining between employers and unions.
Each of these agencies have websites which have detailed information about what the agency does. Check out www.eeoc.gov, www.dol.gov, www.dles.ca.gov, www.labor.ca.gov, www.dfeh.ca.gov, www.nlrb.gov.
With offices in Irvine and Beverly Hills California, we handle all issues dealing with employment law, www.rjtlawfirm.com.
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