STATE AND FEDERAL ADMINISTRATIVE AGENCIES

What are administrative agencies? 


Perhaps the best example of one, to understand the concept: The Department of Motor Vehicles, whom you have had to deal with when getting your driver's license or registering your car.  


In relation to employment law there are many administrative agencies.  Such agencies enforce or administrate laws dealing with wages, safety, health, and discrimination.  Why are there administrative agencies?
 
The concept is simple.  Once a federal or state law is passed it needs to be enforced [or administrated] by someone, hence the birth of omnipresent administrative agencies.  Administrative agencies are a bureaucratic necessity.  Think about it, can you imagine walking over to the state capitol to get your driver's license.  How about a congressman giving you a driver's test.  Since that concept is at best corny, administrative agencies were created to enforce and regulate laws.
 
Some examples of employment law related administrative agencies are:


California Labor Commission (enforces California's Labor Code);


Employment Development Department (administrates California unemployment benefits);


Department of Fair Employment and Housing (enforces California employment statutes);


Federal Department of Labor (Enforces federal labor/wage laws);


Federal EEOC (enforces federal employment law statutes).
 
Bonus Tip: At times, you must file or pursue claims exclusively through an administrative agency.  In other words, you do NOT go to court to seek justice, so to speak, you only go through the administrative agency.


In contrast, in many situations you may choose between pursuing a claim through an agency or instead filing a court lawsuit [wage and discrimination claims are two examples].  What this means is that you can opt to pursue a claim via an administrative agency or instead sue the employer in court.


 WARNING:  Ask your lawyer about "exhaustion of administrative remedies" before being able to sue in court.  It's a formality, but could be fatal to a lawsuit of if fail to do so.
 
Most administrative agencies have websites that are chocked full of information.  And some even allow you to file a claim online!


If you can't get on to the Web, most agencies will send you informational pamphlets about laws they enforce and information about how to make or defend a claim.  If you want general information about some area of law, call the local office of the agency that regulates your area of concern.  But the Net is the place to go nowadays, so do that; it's faster and easier to find information.
Many employment law related agencies now have web sites. 


Here are some sites and "listing names" for California or federal agencies.  You can also look in the State or Federal Government section of your telephone Whites Pages to obtain phone numbers in your area. 


Bonus Tip:  Most agencies prefer you first look at their websites to obtain information before attempting to contact them via e-mail, the telephone or in person.
 
Wage Claims - Labor Standards Enforcement / Industrial Welfare Commission / Local Labor Commissioner Offices
 
Worker's Compensation  - Industrial Relations Dept.
 
Disability Claims and Payments - Handled by the Employment Development Department
 
Unemployment Claims and Payments - Employment Development Department
 
Worker Safety - CAL-OSHA (California)  Fed OSHA  (Federal)
 
Discrimination - All Types (Federal) - Equal Employment Opportunity Commission [EEOC]
 
Discrimination - All Types (State) - Fair Employment & Housing
 
Civil Rights & Law Enforcement - California Attorney General



   Here's a great page for links to most California agencies and their websites.

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