If I file a complaint with the Labor Commissioner, will it become public?

Asked almost 3 years ago - San Francisco, CA

Could future employers find out about it?

Attorney answers (3)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . Complaints filed with the DLSE are not public records unless the decision made by the hearing officer is appealed by either party, in which case it will go to court. It then becomes a public record with the court of proper jurisdiction.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, complaints filed with the Division of Labor Standards Enforcement are not public records. However, appeals of DLSE awards, awards which are confirmed into superior court judgments, and significant Labor Commissioner actions which get media and press coverage do becomes public record.

    .

    Frank W. Chen is licensed to practice law in the State of California only. The information presented here is... more
  3. Marilynn Mika Spencer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . In addition to the good answers by attorneys Kirschbaum and Chen, it is likely any interested party can obtain Labor Commissioner records through the California Public Records Act, which is similar to the federal Freedom of Information Act. Of course, the interested party would have to know the record existed before he or she could request it.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more

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