Jon-Erik Storm asks, Why Does Everyone Diss the DLSE?
I was preparing to explore the theorizing that I and other bloggers did in the wake of Genrty that it would have implications for employment contracts in general, when I came across this footnote in the recent Murphy v. Check ‘N Go case. “Plaintiff requests judicial notice of information on the process for bringing claims before the Labor Commissioner, which is offered to show that this process ‘does not provide the same protections for the employee and is not an adequate substitute for a court proceeding. . . .’” (Slip. Op. at 9-10 n.1)
There are so many reasons: they are slow; they do not apply uniform standards; they are not taken seriously by defendants; they change policies depending upon the whim of the governor; they often don't follow the law; they lack the resources to effectively resolve large volumes of cases; they pass regulations without following appropriate protocols; they file amicus briefs against you even if they represented you when you won at trial.
Plus, they have the day off today, and we don't.