Labor/Employment
Nov. 18, 2014
Can employees waive Berman hearings? Jury is still out
Employers may justifiably want prospective employees to waive Berman hearing rights in employment arbitration agreements, but it's not altogether clear if those waivers are enforceable, however. By David Krol
If a California employer fails to pay wages, an employee may not want to file a lawsuit and instead seek administrative relief by filing a wage claim with the California labor commissioner. An employee who files such a claim is entitled to a "Berman" hearing, which is conducted by a deputy labor commissioner.
For employees, a Berman hearing is an attractive alternative to litigation. The hearing is informal, so the rules of evide...
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