DLSE Hearings Do Not Preclude Other Civil Claims

A defense judgment in a case brought by employees against their former employer after the conclusion of Labor Commissioner proceedings has been reversed in part and affirmed in part. Contrary to the trial court's determinations, civil claims other than wage and hour claims, such as causes of action alleging fraudulent inducement to enter employment, are not precluded by the prior pursuit of wage claims in an administrative forum before the Labor Commissioner pursuant to Labor Code §§ 98 et seq. Noble v. Draper (2008) __ Cal.App.4th __. In an unpublished portion of the opinion, the Court of Appeal held that, to the extent that an employee's claims rely upon the finding of an employer/employee relationship, an undisturbed Labor Commissioner’s ruling that the plaintiff was not an employee can preclude them. Section II-B has been ordered not to be published. The rest of the opinion is published. You can download the opinion in Noble v. Draper here in pdf or word format.

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[Francia Espinosa vs Big Lots Stores INC]

I am searching for civil case # CIV236538

[Bo]

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Lawyers at Charlston Revich and Chamberlin in Los Angeles were recently found liable for meal period violations.

You can read the DLSE decision against them, the lawyers losing defense letters, the unlawful company policy, how government agencies like the EDD, EEOC and courts retaliate against those who complain, requests to the BOFE to investigate other companies, violations at law firms Loeb and Loeb and SulmeyerKupetz, and more, on the website

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