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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11032
Experience:  Significant experience in all areas of employment law.
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Hello, I have an upcoming Labor Commissioner Conference

Customer Question


I have an upcoming Labor Commissioner Conference in San Francisco.
At this conference I understand that if there is no settlement, it will go to the next level, which is a hearing.

My question is this, can the decision of a Labor Commissioner, at a Labor Standard Enforcement hearing be appealed just like in a regular defendant vs plaintiff sort of case?

Lets say I dont agree with the decision of the labor commissioner, what are my options?

Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to assist you.

Labor Code section 98.2 addresses your question and states as follows:

"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."

As section 98.2 makes evident, the appeal would be filed in the Superior Court and not within another division of the Labor Commission itself.

See here for even more information about the procedure for wage claims and appeals:

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you!! sounds good.
Expert:  Patrick, Esq. replied 4 years ago.
You are very welcome. Have a pleasant evening and please feel free to request me for future questions.

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