Legal Question in Employment Law in California

Re: Labor Commissioner Appeal Process

There is no effective appeal. If you want to pursue the case now, you have to file a civil suit.

Re: Labor Commissioner Appeal Process

CA labor Code Section 98.2, below -- you can appeal to the superior court -- you may have other ways of going after the money, and if you file in court, you may be able to make a claim for more money; it's worthwhile to consult with an attorney esp. since you risk having to pay the other side's attorney's fees if you lose. good luck.

98.2. (a) Within 10 days after service of notice of an order,

decision, or award the parties may seek review by filing an appeal to

the superior court, where the appeal shall be heard de novo. The

court shall charge the first paper filing fee under Section 70611 of

the Government Code to the party seeking review. The fee shall

distributed as provided in Section 68085.3 of the Government Code. A

copy of the appeal request shall be served upon the Labor

Commissioner by the appellant. For purposes of computing the 10-day

period after service, Section 1013 of the Code of Civil Procedure is

applicable.

(b) Whenever an employer files an appeal pursuant to this section,

the employer shall post an undertaking with the reviewing court in

the amount of the order, decision, or award. The undertaking shall

consist of an appeal bond issued by a licensed surety or a cash

deposit with the court in the amount of the order, decision, or

award. The employer shall provide written notification to the other

parties and the Labor Commissioner of the posting of the undertaking.

The undertaking shall be on the condition that, if any judgment is

entered in favor of the employee, the employer shall pay the amount

owed pursuant to the judgment, and if the appeal is withdrawn or

dismissed without entry of judgment, the employer shall pay the

amount owed pursuant to the order, decision, or award of the Labor

Commissioner unless the parties have executed a settlement agreement

for payment of some other amount, in which case the employer shall

pay the amount that the employer is obligated to pay under the terms

of the settlement agreement. If the employer fails to pay the amount

owed within 10 days of entry of the judgment, dismissal, or

withdrawal of the appeal, or the execution of a settlement agreement,

a portion of the undertaking equal to the amount owed, or the entire

undertaking if the amount owed exceeds the undertaking, is forfeited

to the employee.

(c) If the party seeking review by filing an appeal to the

superior court is unsuccessful in the appeal, the court shall

determine the costs and reasonable attorney's fees incurred by the

other parties to the appeal, and assess that amount as a cost upon

the party filing the appeal. An employee is successful if the court

awards an amount greater than zero.