Burkes v. Robertson

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The Labor Commissioner issued an award of $81,565.34 in favor of Burkes, an employee of Robertson’s business, for unpaid overtime wages, penalties, and interest. Robertson filed a timely pro se notice of appeal in the Solano County Superior Court but failed to post a statutorily required appeal bond or cash deposit in the amount of the award within the time provided (Lab. Code 98.2(b). He subsequently requested a waiver of the requirement, alleging indigency. The trial court found Robertson’s failure to request a waiver before the deadline for filing a section 98.2 notice of appeal deprived it of jurisdiction and dismissed the appeal. The court of appeal affirmed. A section 98.2 notice of appeal is the statutory prerequisite for obtaining a trial de novo in superior court; although an appeal and trial de novo are distinct concepts, in this context the terms are often used interchangeably. Even if the jurisdictional undertaking requirement did affect the availability of the trial de novo process for employers, it does not deprive the employer of a full and fair opportunity to be heard on a wage claim. The primary process for deciding wage claims is not the trial de novo but the administrative procedure reflected in section 98. View "Burkes v. Robertson" on Justia Law