California Appellate Tracker

Burkes v. Robertson

September 27, 2018

To appeal from the Labor Commissioner's ruling on an employee’s wage claim, the employer must post a bond in the amount of the award; failure to do so results in dismissal of the appeal unless the employer is indigent.

To appeal (or more accurately seek a trial de novo) from a Labor Commissioner’s ruling on a wage claim under Lab. Code 98.2, the employer must file a notice of appeal within 10 days of service of the Commissioner’s ruling and post a bond in the amount of the Commissioner’s award to the employee. The bond requirement is jurisdictional. The only exception to it is an implied exception for an indigent employer meeting the requirements of CCP 995.240 (proof of indigence and unsuccessful efforts to obtain a bond, plus a showing that the appeal is not frivolous). In order to proceed without a bond under that exception, the employer must seek relief from the bond requirement within the time allowed for filing the notice of appeal.

California Court of Appeal, First District, Division 5 (Bruiniers, J.); August 20, 2018; 26 Cal. App. 5th 334

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