Title: Legal time frame for serving notice on Employer regarding hearing date
I have been unable to locate accurate information regarding the legal time frame required to notify an employer (defendant) of a scheduled hearing with the Labor Commissioner. Please advise
Hi Frances,
Thank you for your question. I’m assuming that you have already filed a complaint with the California Labor Commissioner and that you completed Part 3 of DLSE Form 1, which requires you to provide your employer’s address and contact information. Is that correct?
If so, then within 30 days of the filing of your complaint, the Labor Commissioner is required to “notify the parties as to whether a hearing will be held.” (Labor Code, § 98, subd. (a).) If a hearing will be held, that notice will state the time, date, and location of the hearing.
Are you asking whether you are personally required to notify your employer of a scheduled hearing? It has been my experience that the Labor Commissioner sends out those notices and serves them on both parties.
Anyway, I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!