Saturday, July 14, 2007

DLSE loses another one: it's not the fault of the new Commish, Angela Bradstreet...you can blame Jose Millan, Greg Rupp, and Donna Dell. click to view

It's 55 pages, and essentially says this: DLSE Precedential Decisions are illegal.
If it wasn't for its illegality, it would have been quite creative. Now I'm no lawyer, but from what I've been told...these Governor Schwarzenegger political appointees cherry-picked the specific wage claim, the location, the hearing, and the hearing officer, then they made it a precedential decision. But let's back up for a moment. Before they acquired the precedential decision, a certain, special political appointee I won't mention Jose Millan's name put current wage claims (involving meal & rest periods) in abeyance...meaning that it was not allowed to move forward. Those claims only began to move forward (meaning that the abeyance was lifted) after the precedential decision (meal & rest period statute is 1-year) came out! All of this heavy-handedness to move meal & rest periods to penalities (1-year statute) instead of a wage (3-year statute).
This kind of political & legal thievery was in the hundreds of millions of dollars, but the major players never made it in front of a judge. Once Donna Dell made the meal & rest periods a Precedential Decision, they threw away the abeyance, pushed all those wage claims through, and only gave them the 1-year statute. Eventually, the Murphy decision settled it once and for all: meal & rest periods are a wage and can go back 3 years. needless to say, the business that violate this law are upset. Labor law violators would rather take two-thirds off the sticker price.
This loss, just another in a series of losses, only goes to show that our leaders only dance to one pied-piper and not the people. Special interests, politics, and lobbyists...the pimps of the DLSE whores appointees. Maybe they would have won a legal appeal if they didn't have OD-Legal retards attorneys Steve McGinty and Richard Munoz (and who really knows how many behind-the-scene resources/lawyers have been squandered) spending the state's time, money, resources, and equipment on trying to get rid of the blogger. Here's another clue, morons: try to win a DLSE mission-related case (especially if the political appointees want you to win) instead of playing hide the salami with the blogger.
Just another day in the Division of Labor DOUBLE Standards Enforcement

1 Comments:

Anonymous slighted said...

Hearing officers were directed by management to find cases which could possibly be a precedent decision. These cases were then re-assigned to Senior Deputies (Dan Cornet) to hold the hearing and write the ODA. These ODA'S were then sent to legal for the attorneys to legalize the findings. Yes, they were cherry picked and they were not held or written by hearing officers.

7/14/2007 4:13 PM  

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