Employers Receiving Misleading Business Solicitations
Labor Commissioner addresses misleading business solicitations from the “California Labor Compliance Bureau”
San Francisco—Officials of the California Department of Industrial Relations’ (DIR) Division of Labor Standards Enforcement (DLSE/ Labor Commissioner’s Office) announced today that a group calling itself the “California Labor Compliance Bureau” has reportedly distributed misleading business solicitations requiring immediate payment of a “processing fee” of $275 for labor-related postings. The group is not a government agency and does not have any affiliation with the Labor Commissioner’s office.
“This group is not an enforcement agency, it is not authorized to issue citations or charge fees on behalf of the state,” said California Labor Commissioner Julie A. Su. “Workplace postings can be downloaded from our website at no charge – there is no need to pay for this service.”
The website link to download workplace postings is http://www.dir.ca.gov/wpnodb.html.
Su further reminded employers that DLSE investigators who visit businesses to ensure compliance with labor laws will never request payment in lieu of citations or ask for money onsite.
“Californians should be vigilant about scams like this in which an entity adopts a name meant to suggest some legitimate authority and tries to cheat employers out of their hard-earned money. If an employer is ever approached by someone claiming to be a state investigator who requests payment on site for any reason, we urge you to call us immediately at 415-703-4810,” Su said.
“Employers are encouraged to ask for state identification and a business card from anyone purporting to be an investigator,” added Su. “All of our deputies clearly identify themselves and their affiliation with the office of the Labor Commissioner or Division of Labor Standards Enforcement (DLSE) and carry their business cards. We do not collect money for citations or violations on the spot, and there is no charge for any materials we require be posted in the workplace.”
The DLSE investigator protocol is as follows:
- The investigator identifies him or herself.
- Discusses with the employer his or her rights and responsibilities during the inspection, as well as what happens during the process.
- Interviews the employer, employees and asks to review records that demonstrate hours worked by the employees, workers’ compensation policy for the employer, payroll records and related documentation. The investigator may call to verify that the employer’s workers’ compensation policy is up to date.
- If additional records or an audit is required, the investigator makes a notation of the items needed and frequently asks the employer to appear at the local district office to present the required documentation.
- It is never proper for an investigator to request any kind of payment during the inspection.
- Gives the employer any citation and discusses the employer’s right to file an appeal.
The DLSE adjudicates wage claims, investigates discrimination and public works complaints, and enforces state labor law and Industrial Welfare Commission wage orders. To learn more about the functions of the California Labor Commissioner, visit our web site at www.dir.ca.gov/dlse. Employees that have work-related questions or complaints can call the California Workers’ Information Hotline at 1-866-924-9757.
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