When your employee first fills out their Initial Report or Claim, the
Labor Commissioner’s Office assigns the case to a Deputy Labor
Commissioner. He or she is the one who decides whether the two
parties will first meet for a claims conference, or will refer the case to
be heard immediately at a Berman Hearing. At the claims conference,
the Deputy Labor Commissioner will hear the facts and decide if the
case has merit. The case will then either be dismissed, or the Deputy
will decide that negotiations for a settlement will begin. The Deputy is
also in charge of the leading negotiations.
If the case goes to a Berman Hearing, a hearing officer will be
assigned to your case. They act as a judge, and after considering the
case presented to them, will issue an Order, Decision, or Award, or an
ODA. The ODA will inform you and the employee if relief is being
granted, and if so, how much. Reference my e-book for a more
complete explanation on those in charge of your case.