IF YOU THE EMPLOYEE WINS BACK WAGES AT A LABOR BOARD HEARING THEN EMPLOYERS WHO DO NOT LIKE IT AND APPEAL THE WAGE AWARD MUST POST A BOND IN THE AMOUNT OF THE AWARD
FACTS
An employer wishing to appeal a Labor Commissioner decision with the superior court must first post a bond in the amount of the judgment rendered at the administrative hearing. If the employer losses and loss is determined by the employee receiving any amount greater than zero then attorney fees can be awarded to the employee. (lab.c.98.2)
MORAL
Be careful. Even if you the employer win, you can lose. E.g. employee gets an award of $4,000 at the hearing. You the employer appeal. Employee wins only $100 at the appeal level but the attorney fees of the employee are $5,000. Net loss to you $1,100. You proved your point and won the verdict but lost more money. So if you appeal, be very careful about evaluating the risk. Employee means if employer appeals and loses the bond is there to get you payment.
I have reposted some of the notices for the benefit of those that have asked me questions on the subject. This makes it easier to remember and know your rights. Read carefully and note howl this may or may not help you or someone you know.
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Last Updated: 09/27/11
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