Labor board to talk about attorney fees
For employees try again for the loss of wages, leave your lawyer if, after the progress of work of the Commission for Assistance - unless you plan to pay attorneys’ fees.
This is the essence of the rule change of Utah work of the Commission is expected today to the discussion.
Heather Morrison, director of the state non-discrimination and division of labor, said the change is most often Housekeeping - makes an old rule Agency, consistent with the current status.
“In an earlier version, special regulations for attorneys’ fees,” said Morrison. “The law says that this is not over, but there is a current rule concludes that we can assign costs private consultation, and we can not.”
Each employee stiffed for $ 50 to $ 10000 for his case before the Commission laboratory at no charge - or they can pay a fee for filing court for a hearing in the small claims court or circle.
A court victory provides for the payment of a fee to private lawyer in the trial.
“In the current economic environment, it is increasingly common that stiffed employees,” said Mike Martinez, a lawyer in Salt Lake City.
“Minority workers at the bottom of the construction industry get particularly hard hit.
Brent Asay, the salary request Unit Manager for the progress of the Commission’s work, said that during the year 2007, the Agency has received nearly $ 2.5 million in
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Debts. Of all that she has collected $ 777982 - 31 percent - of the lost wages.
While the Agency process of mediation for the resolution of many disputes salary, a staff member must be seen as neutral.
Employees tend to represent themselves, while employers more apt lawyers, “said Asay.
Lauren Scholnick, a lawyer in Salt Lake City-based Strindberg and Scholnick, said that his company has successfully argued often, such cases before the Commission - and the employer is required to staff legal fees.
“The employer has often more resources for the representation. It is important for an employee to have a lawyer in this forum, “said Scholnick.
Scholnick found by the Commission to 2007, the rate disturbing.
“It’s a lot of money, employees are in a fraudulent manner. This is not unimportant to me. “