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Recommendations

2023-104 The California Labor Commissioner’s Office

Inadequate Staffing and Poor Oversight Have Weakened Protections for Workers

Audit Recommendations Disclosure

When an audit is completed and a report is issued, auditees must provide the State Auditor with information regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year. Additionally, Senate Bill 1452 (Chapter 452, Statutes of 2006), requires auditees who have not implemented recommendations after one year, to report to us and to the Legislature why they have not implemented them or to state when they intend to implement them. Below is a listing of each recommendation the State Auditor made in the report referenced and a link to the most recent response from the auditee addressing their progress in implementing the recommendation and the State Auditor’s assessment of auditee’s response based on our review of the supporting documentation.

Recommendation to the Legislature

Recommendation 1

To monitor the LCO’s progress in reducing its backlog of claims and filling vacant positions, the Legislature should require the LCO to report annually to the Legislature on its progress in both of these areas.

Status

pending

Recommendations to the California Labor Commissioner’s Office

Recommendation 2

To allow it to accurately analyze and report on wage claim data entered into the case management system, the LCO should accomplish the following by December 2024, require all staff to use the existing fields in the case management system to capture the date they determine whether a hearing is needed so that staff can track and monitor compliance with the 30-day statutory requirement for making such a determination and notifying the parties of whether a claim will be referred to a hearing.

Agency response status:

Not fully implemented

Date of implementation:

12/31/2024

State Auditor assessment status:

Pending

60-Day Agency Response

This requirement has been established. To ensure consistent implementation, LCO has taken the following steps: The WCA Unit has created 10 new supervisor positions, resulting in two supervisor positions in most field offices. Ultimately, LCO will have two supervisors in each field office to provide more direct support and oversight to hearing officers and conference deputies. Additionally, IT is creating mandatory fields to ensure LCO staff cannot proceed with a wage claim until all required fields are completed. Data analysts are being established in every field office to audit and ensure data accuracy. Furthermore, an additional management dashboard is being created for all new wage cases, allowing supervisors to review and ensure fields are completed and the case is efficiently moving through the wage claim process.

6-Month Agency Response

This requirement has been established through the modification of the case management system fields, staff trainings to thoroughly and accurately complete existing data fields, and the continuing monitoring through additional supervision. Specifically, IT created mandatory fields within the case management system requiring LCO staff to input certain wage claim data before they can proceed to the next data field. LCO staff are now required to input case conference data before they can proceed to the next data field. This change was implemented in October 2024. Redundant data fields relating to the wage conference were eliminated and certain fields were automated to ensure dates and information are not missed, resulting in increased consistency and efficiency. These data field improvements and automation were implemented in November 2024. The LCO has also expanded the number of supervisors in the Wage Claim Adjudication Unit (WCA) district offices to meet the workload need and provide additional oversight. Several WCA offices have two supervisors and six of the WCA’s largest offices will have three supervisors. Since September, seven supervisor positions have been filled and 10 more are in recruitment phases. A management dashboard was created to allow LCO to review and track reports for cases referred to hearing and collection, which will be implemented in November 2024.

In December 2024, IT will roll out another set of mandatory fields allowing LCO staff to notify the LCO’s Judgement Enforcement (JEU) unit of certain wage claims and important dates so LCO deputies will no longer have to manually input this information.

Recommendation 3

To allow it to accurately analyze and report on wage claim data entered into the case management system, the LCO should accomplish the following by December 2024, require all staff to consistently enter the date that claims are referred to the Enforcement Unit.

Agency response status

Not fully implemented

Date of implementation:

12/31/2024

State Auditor assessment status:

Pending

60-Day Agency Response

This requirement has been established. To ensure consistent implementation, the LCO has taken the following steps: In addition to the solutions noted in #2 above, the LCO is working with IT to automate additional fields including date of referral and develop training for staff on the new processes. This will allow tracking and monitoring of cases referred to the Judgment Enforcement Unit (JEU). With these changes, the referrals to JEU should include all documentation needed to move forward with the enforcement action. Finally, IT will create coordinating fields to ensure consistent data entry and tracking.

6-Month Agency Response

This requirement has been established through the creation of automated and mandatory data fields in the case management system. IT has created mandatory fields to collect necessary information for the claim as well as automating certain information to make the process more consistent and efficient.

In December 2024, the LCO will begin using its updated automation for referrals to the JEU, which will automatically populate and enter relevant dates. These automated referrals will also include necessary judgement enforcement documentation. This information will be interchangeable between LCO units, allowing staff to coordinate and track fields resulting in more consistent and accurate data. The LCO also developed and will implement new training material for the WCA unit on the respective updates to ensure uniformity throughout our statewide offices.

Recommendation 4

To allow it to accurately analyze and report on wage claim data entered into the case management system, the LCO should accomplish the following by December 2024, modify the case management system to properly identify and capture all settlement conference dates to ensure that multiple records are not created when a claim has multiple conferences and to allow tracking and monitoring of conferences and hearings independently.

Agency response status:

Not fully implemented

Date of implementation:

12/31/2024

State Auditor assessment status:

Pending

60-Day Agency Response

This requirement has been established. To ensure consistent implementation, the LCO has taken the following steps: In addition to the solution noted in #2 above, the LCO redirected a position to serve as a full-time IT position under a compelling management needs assignment (CMNA). This position has been filled by a WCA expert, who is working with system experts to lead and implement the CSA’s recommendations and developing strategies aimed at addressing the backlog.

6-Month Agency Response

This requirement has been established through the modification of the case management system and requiring the capture of settlement conference dates and continuous monitoring of conference and hearing dates. In November 2024, LCO rolled out a new settlement conference date feature, which prohibits staff from creating duplicate conference dates. Additionally, any changes to case status are now tracked and logged to provide accurate reflections of the case history and process. This allows LCO to track and review data relating to case delays or postponements as well as improving the LCO ability to accurately report case history and conferences. Furthermore, the LCO redirected a position for a full-time WCA program expert in April 2024 to assist the LCO with implementing these system modifications and updates. The LCO is also building liaison positions within headquarters to assist with implementing LCO reform efforts and support operational needs. In October 2024, the LCO submitted to HR for approval and posting six redirected liaison positions to train WCA staff on the case management system, build training tools and develop improvements to the existing case management system.

Recommendation 5

To allow it to accurately analyze and report on wage claim data entered into the case management system, the LCO should accomplish the following by December 2024, work with DIR to ensure that its process improvement initiative to redesign the case management system is completed in a timely manner and that the necessary staffing levels at the LCO headquarters and each field office exist to ensure that these initiatives have appropriate levels of support and supervisory oversight.

Agency response status:

Not fully implemented

Date of implementation:

5/31/25

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO engaged a vendor to perform a Business Process Reengineering (BPR) effort to identify inefficiencies and improve the LCO system operations. The BPR provided guides to aid the LCO with automating processes and assessing how to prioritize training areas and tools. LCO’s IT WCA expert is meeting frequently with DIR’s IT leaders to evaluate priorities and to resolve any implementation concerns on existing WCA projects and IT Salesforce change request relevant to improving the system consistent with the BPR recommendations in alignment with the Auditor’s recommendations.

6-Month Agency Response

This requirement is being established by working with DIR to improve LCO processes and the case management system. The BPR was completed, and the report was issued in July 2024. The LCO is reviewing how to simplify the user interface to make it easier for staff to use and meet our operational needs. The LCO will research and analyze our current interfacing system to improve our operational and functional needs. The LCO looks to decrease the amount of time it takes to enter data, increase the accuracy of data that is entered and ensure the integrity of the LCO data. The LCO has hired seven supervisory positions, which will ensure consistency and provide more support and oversight in the WCA offices. Finally. the LCO has hired an additional Staff Services Manager I to lead a second team focused on recruitment and retention to increase our staffing levels.

Recommendation 6

To allow it to accurately analyze and report on wage claim data entered into the case management system, the LCO should accomplish the following by December 2024, develop and implement a regular review process for supervisory staff so that they ensure that staff have entered all necessary data, including dates, accurately.

Agency response status:

Not fully implemented

Date of implementation:

12/31/2024

State Auditor assessment status:

Pending

60-Day Agency Response

In addition to the solution noted in #2 above, the IT WCA expert filled under a CMNA (see #4) is working to build the LCO team’s capacity on Salesforce by providing extensive training and troubleshooting support for any issues that affect the WCA process. Additionally, data analysts will be established in every field office to audit data, troubleshoot, and make necessary corrections in real time. Statewide expectation standards for all regional managers are being created and implemented to ensure uniformity and clarity among supervisors and staff. Furthermore, an additional management dashboard is being created for supervisors to review and ensure data compliance and accuracy among staff in real time.

60-Day Agency Response

This requirement is being established by the development and implementation of a supervisor review process. Several WCA offices have two supervisors and six of the WCA’s largest offices will have three supervisors. Since September, seven supervisor positions have been filled and 10 more are in recruitment phases. The LCO has also added mandatory fields which alert staff when certain information is missing before they can proceed to the next data field. Supervisors now review and audit information being entered into the system along with the newly created management dashboard which provides real time data and reporting. This additional review process provides statewide guidance and uniformity to all LCO staff. The LCO is identifying an administrative level position to audit cases when they are closed out. As of November 2024, the LCO will provide regional managers a separate dashboard allowing them to view critical data and aspects of the wage claim process. This dashboard is in addition to the dashboard for the first level supervisors.

Recommendation 7

To improve employee retention and to reduce the number of vacancies, the LCO should identify by December 2024 whether it will need any additional analyses of employee salaries following the completion of the classification and compensation studies. If so, the LCO should prepare and execute a plan for conducting such analyses and, if appropriate, request salary increases for relevant positions from CalHR as soon as possible.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

In collaboration with DIR, the LCO completed a classification study of the Industrial Relations Representative (IRR) and Deputy Labor Commissioner (DLC) series. The results of the study have been submitted to CalHR for consideration. Additionally, DIR has an active contract for a workload and salary study, which will support LCO studies.

6-Month Agency Response

This requirement is being established by engaging in three different studies – a classification study, a salary study, and a workload study. The classification study is pending with CalHR for consideration. The LCO’s salary study is currently in process. The workload study contract is in place and the scope of work is being finalized so the contract can commence.

Recommendation 8

To shorten its hiring process and reduce the number of canceled recruitments, the LCO should do the following by July 2024, reduce the number of positions it includes in a single recruitment so that the interview process can be completed in a timely manner.

Agency response status:

Not fully implemented

Date of implementation:

8/15/2024

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO has worked with HR to streamline the recruitment process by continuing to reduce recruitments to one vacant position per Job Control (JC) number and reducing the number of vacant positions per interview panel.

Recommendation 9

To shorten its hiring process and reduce the number of canceled recruitments, the LCO should do the following by July 2024, work with DIR to improve its applicant screening criteria so that candidates selected for a position are more likely to meet the minimum qualifications for the position.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO is working closely with HR to adjust processes that may mitigate minimum qualification withholds. The outcome of the recent classification study should also help alleviate this issue.

6-Month Agency Response

The LCO continues to work closely with HR to alleviate this issue. Once the classification study is finalized, the LCO will incorporate the findings which will remedy this issue

Recommendation 10

To shorten its hiring process and reduce the number of canceled recruitments, the LCO should do the following by July 2024, to the extent possible, re-use duty statements, interview questions, and other hiring documentation that DIR has already approved to avoid delays in approvals for the various stages of the hiring process.

Agency response status:

Not fully implemented

Date of implementation:

8/15/2024

State Auditor assessment status:

Pending

60-Day Agency Response

To streamline the hiring process, the LCO will no longer recreate new hiring documents for each recruitment. HR has developed standardized duty statements per position type, a bank of pre-approved interview questions with scoring criteria, and justification memorandum templates.

Recommendation 11

To adequately identify the staffing levels necessary to resolve both newly filed and backlogged claims, the LCO should perform a workload assessment by December 2024 that includes using the alternative methods for determining whether a hearing is to be held, identify for each position the number of staff needed to address the backlog of claims. This assessment should take into account any new claims the LCO expects to receive during a year, extrapolating from historical data and the statutory time frames required for each stage of claim processing.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

As mentioned in #7 above, the LCO has completed a classification study for two job series and is awaiting a workload study and finalization of the salary study. Once all studies are completed, the LCO will align the results with the historical data collected on claims received to identify adequate staffing at all levels within the organization.

6-Month Agency Response

CalHR is currently reviewing the class study. Work continues on the salary study and workload study. Once these studies are complete, the LCO will utilize all three studies to identify adequate staffing needs and implement necessary findings and recommendations.

Recommendation 12

To adequately identify the staffing levels necessary to resolve both newly filed and backlogged claims, the LCO should perform a workload assessment by December 2024 that includes identifying the number and type of supervisors required to support and oversee field office staff and operations.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

Once the staffing studies are completed and results are aligned with historical data, LCO will work with HR to identify the appropriate number of supervisors in each area.

6-Month Agency Response

The LCO will utilize all three studies to identify adequate staffing needs and implement necessary findings and recommendations. The LCO also addressed this issue by hiring two supervisors in WCA offices as well as adding a third supervisor in six of our largest WCA offices.

Recommendation 13

If the LCO believes that it cannot meet the required time frames for certain claims because of their complexity, the LCO should assess the extent to which it cannot meet statutory time frames. It should then work with the Legislature to revise claim processing time frames accordingly.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

LCO will analyze various types of claims, ranging from straightforward single-issue claims to extremely complex multi-issue and employer claims, to determine the adequate time frames these types of claims require. This analysis will include an evaluation to identify contributing factors to case complexity or trends that affect the time frames for these cases. LCO will report these findings in the annual report required under Labor Code section 96.1 for the Legislature’s review.

6-Month Agency Response

After reviewing our current processes, the LCO has determined that while certain claims may involve complexities that challenge the time frames, we expect to meet the statutory deadlines once we are fully staffed. Moreover, the LCO has redirected seven existing vacancies to create an IT Liaison to improve business process automation technology which will assist with reducing backlogs, improve data quality, streamline operations and modernize available services to constituents. These new IT Liaisons are in active recruitment now. At this time, the LCO is evaluating the necessity of proposing revisions to the Legislature.

Recommendation 14

To the extent budgetarily feasible and to ensure that it has the staffing necessary to process all claims within the statutory time frames, the LCO should fill all vacant positions at field offices for the Adjudication Unit. It should then request additional staff according to the results of its workload assessment.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO has implemented strategies to address these challenges by strengthening infrastructure and increasing recruitment efforts. The Hiring Unit has grown from 3 professionals to 16 (3 managers and 13 analysts), which will improve the quality of recruitment packets and decrease processing times. Additionally, the Career Pathway Program (CPP) has been expanded to California State University Dominguez Hills. Alongside the existing program at UCLA, there will be regular workshops at CSUDH during the 2024/2025 academic year. The primary objectives of the CPP are to demystify the state hiring process and introduce potential applicants to a career at LCO.

6-Month Agency Response

This requirement is being established through the LCO’s active and robust recruitment efforts. The LCO created a recruitment team, consisting of one manager and four analysts, to focus on demystifying the state hiring process and build pipelines to LCO careers. The LCO has continued to engage prospective employees through various career fairs. From January 2024 to October 2024, the LCO has had 193 job offers accepted, 77 of which are within the WCA unit. The LCO continues to work with career partners and participate in career fairs. The LCO continues to make progress in filling vacant positions in the WCA unit and decreasing the vacancy rate. Additionally, along with DIR, LCO is trying to utilize emergency hiring authority to fill certain positions.

Recommendation 15

To ensure that all field office supervisors manage the office’s workload in an effective and efficient manner, the LCO should develop procedures by December 2024 for monitoring whether field office supervisors are assigning claims in a timely and appropriate manner.

Agency response status:

Not fully implemented

Date of implementation:

12/31/2024

State Auditor assessment status:

Pending

60-Day Agency Response

IT will create mandatory fields so LCO staff cannot proceed with a wage claim until all required fields are accurately filled out. The LCO will continue hiring supervisors within the WCA unit to provide uniform statewide training, ensuring staff are properly trained to thoroughly and accurately complete all required fields to move through the WCA process. Additionally, the LCO is developing a dashboard for regional managers to review case assignments and ensure cases are equitably and promptly assigned to staff. Regional managers will also be expected to fulfill the expectations outlined in the LCO regional manager expectation memo.

6-Month Agency Response

This requirement is being established by developing procedures to ensure cases are being assigned in a consistent and timely manner. In addition to #3 noted above, the LCO’s regional managers are expected to adhere to uniform protocols for assigning and monitoring cases. Regional managers are providing additional support to the established supervisors in all the WCA offices.

In December 2024, LCO will be implementing the case management system’s newly created mandatory and automated data fields to all WCA staff as well as the newly developed dashboard for regional managers to review case assignments and ensure even distribution of cases among staff.

Recommendation 16

To ensure that it appropriately trains staff in all classifications to process wage claims in accordance with statutory time frames, the LCO should, by November 2024, centralize the tracking and retention of all training records.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO is creating a dedicated training unit at its headquarters to ensure more standardized and uniform training is provided to staff statewide. This will also establish a centralized database for training records and materials. Additionally, a uniform policy will be created with DIR to ensure supervisors and managers can access and monitor staff training records. The LCO is collaborating with the DIR Training Unit to modernize training modules by including e-learning components and a process to centralize and document the completion of trainings.

6-Month Agency Response

The LCO is working to digitize its trainings which will allow for quicker and consistent distribution amongst staff. The LCO is working with DIR to modernize existing training material and create uniform training modules. The LCO and DIR are awaiting vendor assistance to streamline training materials and trainings.

Recommendation 17

To ensure that it appropriately trains staff in all classifications to process wage claims in accordance with statutory time frames, the LCO should, by November 2024, develop procedures for regularly reviewing all training records to ensure that all staff are meeting training standards.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

In addition to the solution noted in #16 above, the LCO will develop procedures for reviewing all training records and ensuring staff are up to date with all mandatory trainings. The LCO is also collaborating with DIR to engage a vendor to assist in streamlining training material and providing on-demand trainings.

6-Month Agency Response

This requirement is being implemented by regularly reviewing training materials to ensure all staff are sufficiently trained. In addition to #16 above, once the training material is digitized it will allow staff to be able to access and select various training material.

Recommendation 18

To ensure that it appropriately trains staff in all classifications to process wage claims in accordance with statutory time frames, the LCO should, by May 2025, ensure that its training unit has adequate number of staff dedicated to training only.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

In addition to the solution noted in #16 and #17 above, the LCO is creating capacity to staff a centralized training unit focused on training and ensuring staff are compliant with all necessary trainings.

6-Month Agency Response

This requirement is being established by ensuring the LCO training unit is sufficiently staffed. The new WCA Program Expert meets regularly with Training unit members to align operational business needs with the improvements to the LCO case management system. The LCO anticipates having the training unit fully staffed by May 2025 and in the interim will have the IT Liaison and supervisors support the increased training needs.

Recommendation 19

To ensure that it has complete and accurate data to measure the effectiveness of its Enforcement Unit, the LCO should ensure by May 2025 that its Adjudication Unit’s case management system captures the closure date of claims referred to the Enforcement Unit for which full payment has been collected.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

In addition to the solution noted in #2 above, the LCO is creating procedures within the Judgement Enforcement Unit (JEU) to ensure cases that are referred include necessary information, like dates and amounts of payments collected.

6-Month Agency Response

In July 2024, LCO created a JEU referral manual for staff. This manual outlines standardized operating procedures that will guide staff on how to identify and refer cases to our enforcement unit. In December 2024, LCO will begin its automation process by requiring certain fields be completed and auto populating information, so staff does not have to manually enter data and ensuring necessary documentation needed for a referral is included at the time a referral is made from the WCA unit to our enforcement unit. LCO is also updating its internal JEU case management system as well as the JEU website to better serve the public and provide important information.

Recommendation 20

To maximize its judgment enforcement efforts, the LCO should, by July 2024, develop operating procedures for Enforcement Unit staff, outlining how to determine appropriate judgment collection methods to use for a claim and requiring supervisors to ensure that staff implement all applicable methods.

Agency response status:

Not fully implemented

Date of implementation:

11/30/2024

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO is developing a standardized operating procedure (SOP) for WCA cases referred to and handled by JEU, with LCO staff receiving in-depth training to reinforce these SOPs. Additionally, mandatory statewide training will be provided for all WCA and JEU staff on all judgment collection methods and practices. Current deputies from every LCO unit and within each field office are being trained as recovery specialists to meet the JEU needs from WCA referrals.

Recommendation 21

To maximize its judgment enforcement efforts, the LCO should, by November 2024, determine whether certain collection methods similar to the mechanic’s lien allowed in the construction industry would be helpful in increasing judgement collection. If so, it should develop and present a proposal to the Legislature that would allow the use of such methods.

Agency response status:

Not fully implemented

Date of implementation:

5/31/2025

State Auditor assessment status:

Pending

60-Day Agency Response

The LCO will review various collection methods to determine which enforcement methods are needed to supplement and strengthen wage recovery efforts. For example, the LCO will evaluate the efficacy of how and to what degree mechanic liens could benefit or increase recovery efforts in certain low-wage industries. This will also include an analysis of the LCO staff required to implement these liens in these low-wage industries.

6-Month Agency Response

The LCO recognizes that making a proposal to the Legislature may offer potential long-term benefits, there are challenges and complexities involved in implementing such a mechanism. We are actively exploring ways to address these challenges and develop a viable proposal. While we are not ready to present this option to the Legislature at this time, we recognize its potential value and are continuing to assess its feasibility as part of our enforcement strategy. Strengthening judgment enforcement remains a priority, and we will incorporate this recommendation into our broader, ongoing efforts to identify and implement innovative solutions.

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