Temporary Reprieve for Locker

The fate of Miles Locker, the controversial Division of Labor Standards Enforcement counsel, remains up in the air. Locker’s attorney, Steven Zieff of Rudy, Exelrod & Zieff, was expecting that on Tuesday Locker would be served with a notice of adverse action – possibly “an attempt to fire Miles, to get rid of Miles.? Instead Zieff received a phone call from Anthony Mischel, a lawyer with the Department of Industrial Relations, Office of the Director – Legal Unit.

“I was called and told that they were not going to serve a notice of adverse action after all,? Zieff said. “I guess they need more than five months to develop their pretext? [for a case against Locker].

Locker has been on paid leave for the last five months; and so far his lawyer says the only specified incident of any purported infraction concerned his speaking in July at a panel sponsored by the Bar Association of San Francisco’s Barristers Club.

Zieff says it is anybody’s guess what will happen next: “They are not very communicative.?

And a spokesman for the Office of the Labor Commissioner wasn’t available for comment as of press time (which is whenever my editor decides to hit the “publish? button).

Asked if he has filed a lawsuit on Locker’s behalf, Zieff said, “Not yet.?

UPDATE: Dean Fryer, a spokesman for the Labor Commissioner’s office, declined to comment on Locker’s situation.

“Again it is a personnel matter, and if Miles and his attorney are going to speak to the issue that is fine,? Fryer said. “The reason for us not speaking is to respect Miles’ right of privacy.?

Fryer said that if Locker were to receive a notice of adverse action, he would have five days to plead his case before the Department of Industrial Relations. He would have the right to a hearing before a skelly officer, who would be a person within the Department of Industrial Relations who does not work in the same division as he does, and who has not had involvement in his personnel case. After that, he would have 30 days to file an appeal with the California State Personnel Board.

— Marie-Anne Hogarth

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2 Responses to “Temporary Reprieve for Locker”

  1. Samuel A. Brewer, III Says:

    Dear Ms. Hogarth:

    I am a retired California Deputy Labor Commissioner, as is my wife. We each spent 26.5 years with the DLSE, before were fed up that all of our dedication was for naught. We, both, retired effective September 1, 2004.

    We sold our home in Folsom, California and purchased a new retirement home in Fernley, Nevada. We have a fully equipped home office and operate a succesful Labor Law consulting firm, known as The Level Playing Field. We specialize in Public Work (prevailing wage) issues. I was the Lead Deputy for Public Works enforcement in Northern California, until my retirement.

    Both my wife and I have been involved in cases with Miles Locker, over the years. I promise you, the man has dedication and integrity. I had to argue with him a couple of times, but, that happens. I assure that this is nothing more than a “hanging party”, looking for someone to blame, and, hang. As you noted, there is a different administration (with a different agenda) in Sacramento. God help the working individuals of California. That is why we are where we are.

    Respectfully Submitted,

    Samuel A. Brewer, III & Jeannie F. Thomason-Brewer

  2. Christopher Lotts Says:

    My name is Christopher Lotts, and I’m currently a Deputy Labor Commissioner I for the Division of Labor Standards Enforcement. I was recently given a 45-day unpaid suspension by Robert Jones, the DLSE Acting Labor Commissioner and Acting Chief Counsel. They accused me of not putting redundant information on obsolete forms, and that I mistreated people who violated multiple state employment and labor laws.
    My true crime? Identifying areas where the DLSE could better serve the public, vigorously enforcing the sweatshop laws, and not kissing up to Susan Nakagama, Greg Rupp, Nance Steffen, or Lupe Almaraz. Politics plays a big part in our day-to-day operations. It’s too bad, because I enjoyed helping people that could not help themselves, but they choose to believe people who violate multiple state laws instead of one that enforces the law on the public’s behalf.
    I worked with Miles on several garment license revocation & denials (all of them successfully upheld in court), and he has very high work ethic because he is one of the few dedicated civil servants that do not perpetuate the stereotype of an ineffective, idiot bureaucrat. I enjoyed working with him, as opposed to the dread I feel when I’m forced to work with others. I hope justice is truly served.
    Respectfully submitted,
    Christopher Lotts

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