The employer should thank their lucky stars. A claim in front of the labor commissioner represents an opportunity
to either settle the claim, probably fairly inexpensively, or defeat the claim in a proceeding
where the employee is unlikely to be represented by an attorney. They’re typically represented by the labor
commissioner’s office and where the downside to uh fighting the claim does
not carry with it uh the types of exposures to attorneys fees and other consequences that you see in civil
litigation. So when an employer gets a labor commissioner notice of charge,
they should contact a competent labor and employment attorney on the defense side such as Hill Farer and they should
use the process with the labor commissioner’s office to try to figure out is there merit to the claim? If there is, try to resolve it
inexpensively through the labor commissioner’s office. And if there’s not, fight it knowing that there’s uh no reason not to try to prevail.