Lacy, an employee, filed a complaint with the state Department of Labor claiming her employer, Crestwood, had retaliated against her in violation of Lab. Code 98.7 for complaining about having been assaulted at work. The DLSE commenced an investigation of the complaint. Meanwhile, Crestwood filed a petition to compel arbitration under the arbitration clause in Lacy’s employment contract. The trial court compelled arbitration but also issued a stay of the DLSE proceedings. DLSE’s motion to intervene should have been granted. Though it waited two months after learning of the stay order before filing its intervention motion, DLSE was timely as Crestwood suffered no prejudice from that short delay. DLSE had an interest in the litigation that no other party could vindicate. Furthermore, the stay was in error. The FAA stops administrative proceedings in which the administrative agency acts as a neutral arbiter. (Preston v. Ferrer (2008) 128 S.Ct. 978.) But the FAA does not stop proceedings where the administrative agency acts as an advocate. (EEOC v. Waffle House Inc. (2002) 122 S.Ct. 754.) Except when it issues a citation, the DLSE acts as an advocate in proceedings under Lab. Code 98.7 and so shouldn’t have been stayed for proceeding while Lacy arbitrated her individual claim.