Legal Question in Employment Law in California

Either party, or both, pursuant to Labor Code Section 98.2, may appeal the Labor Commissioner's ODA to the appropriate court, in accordance with the applicable rules of jurisdiction. The party appealing may obtain a Notice of Appeal (DLSE 537) from the DLSE office. The appeal must be filed in court within the time period set forth on the ODA, and a copy of the Notice of Appeal must be served on the Labor Commissioner and the opposing party. Whenever the defendant files an appeal, a bond in the amount of the ODA must be posted with the reviewing court. The court clerk will then set the matter for de novo hearing, which means that a judge will hear the case again with each party having the opportunity to present evidence and witnesses.

In the case of an appeal by a defendant, DLSE may represent a plaintiff who is financially unable to afford counsel in the appeal proceedings. The decision to represent the plaintiff is within the sound discretion of DLSE legal staff. The plaintiff must meet the financial criteria set forth by DLSE. The assigned deputy will send to the plaintiff a Request for Attorney Representation (DLSE 553) along with a Statement of Financial Status (DLSE 554) that must be completed and returned to the DLSE office. If the plaintiff does not meet the requirements for representation, he or she will be notified by the legal staff of the reasons that DLSE will not be providing legal representation.

Please contact me directly if you have any further questions.

Best,

Jacob I. Kiani, Esq.

Law Office of Jacob I. Kiani

468 N. Camden Dr., Suite 200

Beverly Hills, California 90210

tel: 323.274.2104

fax: 800.918.4480

email: [email protected]

web: www.kianilaw.com

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By the way, regarding my above electronic message:

It is not intended to be, nor may you rely on it, as attorney-client advice.

You always have the right to defend yourself, whether an individual or company, and you SHOULD unless you admit you are entirely guilty as charged and want to simply pay whatever is demanded. If you 'lose' at the hearing, you can appeal into court, but if you then lose there, yes, you will be also charged the attorney fees of the employee in addition to the judgment for wages and penalties. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses there may be. I have been doing these cases for many years. It may also be possible to compromise a settlement that you can live with.