Overtime and the DOL

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Laurah

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California
I filed labor claim with California Labor Commissioner May 2017 for work performed in California, then I filed a wage claim with the dol for Kentucky wage in july 2017. DOL was aware that California claim was in process and stated California would credit whatever DOL awarded for a specific time frame. Dol awarded under federal flsa rules but not California state rules. I was due doubletime and waiting time penalties under California state labor laws but due to WH-58 signing California labor commissioner denied all claims. It would seem to me there is a separation of church and state here. Does the DOL override California state labor laws.
 
many times you can file a claim with one or the other, but not both for the same issue at the same time. You should have just filed the California one since it was more beneficial to you. Seems like when you signed the WH-58 you stated that the investigation/payment was complete and accurate. (and waived your rights to future claims)

"church" has nothing to do with this....it's state law vs federal law. The federal DOL couldn't tell you for sure what CA would do with your claim as they don't handle CA wage laws. It could be that was what happened in the past, but for some reason you were an exception.

In the future, think about just filing one wage claim with the most favorable entity (and many times that is NOT federal unless the state has no state level wage claim ability )
 
many times you can file a claim with one or the other, but not both for the same issue at the same time. You should have just filed the California one since it was more beneficial to you. Seems like when you signed the WH-58 you stated that the investigation/payment was complete and accurate. (and waived your rights to future claims)

"church" has nothing to do with this....it's state law vs federal law. The federal DOL couldn't tell you for sure what CA would do with your claim as they don't handle CA wage laws. It could be that was what happened in the past, but for some reason you were an exception.

In the future, think about just filing one wage claim with the most favorable entity (and many times that is NOT federal unless the state has no state level wage claim ability )

I understand completely, but federal wage law (fsla) does not stop anyone from filing a state wage claim due to the fact that state wage laws supersedes federal law unless there is a conflict then Federal law rules. If it did then no one would be entitled to sick, vacation etc time that is covered under state laws. In this case what I was seeking was doubletime that is covered under state law in California I even waive liquated damages due to dol awarding. Nothing in my labor claim was redundant.

Title 29Subtitle BChapter VSubchapter B →subpart A

§778.5 Relation to other laws generally.

Various Federal, State, and local laws require the payment of minimum hourly, daily or weekly wages different from the minimum set forth in the Fair Labor Standards Act, and the payment of overtime compensation computed on bases different from those set forth in the Fair Labor Standards Act. Where such legislation is applicable and does not contravene the requirements of the Fair Labor Standards Act, nothing in the act, the regulations or the interpretations announced by the Administrator should be taken to override or nullify the provisions of these laws. Compliance with other applicable legislation does not excuse noncompliance with the Fair Labor Standards Act. Where a higher minimum wage than that set in the Fair Labor Standards Act is applicable to an employee by virtue of such other legislation, the regular rate of the employee, as the term is used in the Fair Labor Standards Act, cannot be lower than such applicable minimum, for the words "regular rate at which he is employed" as used in section 7 must be construed to mean the regular rate at which he is lawfully employed.
 
I understand completely, but federal wage law (fsla) does not stop anyone from filing a state wage claim due to the fact that state wage laws supersedes federal law unless there is a conflict then Federal law rules.


There is NOTHING a privately owned and operated legal discussion site can do to assist you further.

If you think you have been abused, misused, or harmed; you are FREE to hire a lawyer to litigate the matter for you.

There is no magic chant, spell, or dance that reverse that which you believe has harmed you.

As with anyone in this country, you are free to use the state or federal court system to seek a just resolution.

Good luck.
 
You don't get to double dip. If the state law is more favorable to you, then you file with the state and not the Feds.
 
I believe I have been misunderstood, first of all I was not asking for help this is a case that was litigated 2 years ago and prevailed. So you can double dip as long as your not asking for the exact same thing from Federal and State even if a waiver is signed.

My question was "Does the DOL override California state labor laws" in which no one has opened a discussion about. I know the answers but like to get others opinions on the subject so with this being a " a privately owned and operated legal discussion site" I put this up for discussion. But as I see there is no one here judging by the replies, that can carry on a legal discussion. Sorry for the waste of time and have a great day.
 
The DOL does not tell the CA DLSE what to pay, if that is what you mean. However,the CA DLSE is free to say, you already got paid from the Feds, we're not paying you again. Federal law is Federal law and state law is state law. Neither overrides the other, in the sense that I think you mean.
 
I know the answers but like to get others opinions on the subject so with this being a " a privately owned and operated legal discussion site" I put this up for discussion.


This isn't a discussion board.

This is more of you ask a question you get a variety of answers.

You are then free to discuss what people say with an attorney, or proceed as you decide.

At any rate, this thread is closed because none of our posters (myself included) come here to chat and chew.
 
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