Is there a class action lawsuit in DLSE's future?
After looking at Corrales, it seems that there were a lot of workers victimized by the actions of Jose Millan and Greg Rupp; it's as if those two should be personally named as Defendants by those workers who suffered damages as a result of DLSE intentionally delaying their wage claims. Their actions were intentional and in my view, criminally negligent; this was not gross negligence. Jose Millan & Greg Rupp hatched a plan, executed the plan, and should be held accoutable for their actions. Don't expect the current administration to fix it, as they were the one who put them to work.Labels: Class Action, Corrales, Millan, Rupp
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6:00 AM
2 Comments:
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To delay is the standard operating procedure for the Division of Labor Standards Enforcement. Correles v Bradstreet is just the tip of the ice burg. The objective of this administration is to take as long as possible in bringing an errant employer to justice. In the eyes of this administration the longer it takes to bring an employer to a formal hearing is actually a constituency service done on behalf of the Republican Party. We use to issue a work permit in about 90 seconds. Today, thanks to CMS, if you are really good you might be able to do it in 8 minutes. Does this keep us from really doing our main objective which is getting employees the wages they are do? Is this delay intentional? It is either intentional or it is being implemented by individuals with very low IQs.
I understand there is an underground movement to let our elected officials know what CMS is all about. How much it cost and how much it will delay us from doing what the legislature intended us to do. I congratulate those brave souls. They are putting their jobs on the line. However, I have mixed emotions about putting a stop to CMS. The day this administration installs CMS everything will come to a complete stop and I know that I would enjoy watching that happen.
"When the state acts to deprive an individual of an important interest, it may not do so without affording the procedural due process protection required by the Fourteenth Amendment. [Citation.]" (Traverso, supra, 6 Cal. 4th at p. 1162.) This is precisely what Greg Rupp and Jose Millan did when they ordered hearing officers not to follow through with cases that involved meal period and rest period issues. Is Gregg Rupp going to be punished for violating employee's Constitutional Rights? Chris lotts was suspended from work for 30 days for getting tuff with garment sweat shop owners. Gregg Rupp not only violated employee's Constitutional Rights, but didn't do anything about it correcting it after the Appeals Court (Corrales v Bradstree) named him as being the violator. To bad Chris life is not always fair.
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