De Novo Appeals: Defending Employees’ Labor Commissioner Awards in the Superior Court.
If you have had your Labor Commissioner award appealed, we may be able to assist you. If you have questions concerning DLSE Labor Commissioner ODA appeals, we invite you to contact our offices today at (818) 992-2924 to schedule a free initial consultation with an attorney.
Labor Commissioner Appeals
If you have received an order, decision, or award (“ODA”) from the Labor Commissioner, your ODA may still be subject to appeal. Within 10 days, either party may appeal the ODA and request a “de novo” hearing in the superior court. De novo hearings are entirely new proceedings before a superior court Judge and are very different from the administrative hearing you may have experienced before the Labor Commissioner.
During the appeal, the superior court judge will attach no weight to the prior decision taken by the Labor Commissioner. In effect, the de novo trial will be an entirely new trial, entirely distinct from any previous proceeding. Furthermore, some of the evidence (such as declarations) that you used may not be accepted in the de novo hearing. Instead you may need an attorney to conduct depositions.
Do I need an Employment Attorney for my Labor Commissioner Appeal?
Navigating de novo appeals in Superior Court is complex. As with any Superior Court trial, familiarity with employment law, discovery, and evidence is important. It is advisable to seek legal representation to ensure that you maximize your chances of recovering your award. The Law Offices of Ann A. Hull offers free consultations and no win, no fee arrangements. We accept cases anywhere in California.
We welcome your calls on 818-992-2924.
Can I represent myself at the Labor Commissioner Appeal?
Labor Commissioner hearings are designed to be informal and easy for employees. The benefit of this is that employees are able to represent themselves in claims for unpaid wages without having to concern themselves with the technical rules associated with litigation in the superior court. However, once your employer files an Appeal of your Labor Commissioner award, the matter is transferred from the Labor Commissioner into the Superior Court.
While you may represent yourself at the Labor Commissioner Appeal in the Superior Court, these proceedings can be very complex. The process is very different from that of the Labor Commissioner, in that it was not designed to enable accessibility for self-represented employees.
Having a skilled employment attorney help you navigate the complex rules of California civil procedure can prove to be invaluable. Moreover, we provide representation for de novo appeals on a no win, no fee basis. This means that we will not charge anything unless we win your case. Call us at 818-992-2924-4002 for a free consultation about your Labor Commissioner Appeal.
Employment Attorney for Labor Commissioner Appeals
During a trial de novo, the trial court can review issues that the employee may not have previously raised during the Labor Commissioner hearing.
For example, if an employee hires an attorney to represent them in their de novo appeal and the attorney identifies additional claims that could have been brought during the Labor Commissioner hearing, the trial court will permit the attorney to pursue the additional claims on behalf of the employee. These additional issues could include:
- Claims for unpaid wages;
- Employers’ failure to pay an employee’s commissions and bonuses;
- Claims for unpaid wages due to “bounced checks” with insufficient funds;
- Claims for unpaid overtime;
- Employers’ failure to pay for time during rest breaks;
- Employee misclassification as an independent contractor;
- Employers’ failure to pay an employee’s final paycheck;
- Employers’ failure to pay an employee’s unused vacation hours upon termination of the employment relationship;
- Claims for unauthorized deductions from paychecks;
- Claims for unreimbursed expenses;
- Claims for failure to provide meal breaks; and
- Claims for failure to provide rest breaks;
Who Pays the Attorney Fees for the Appeal?
We provide no win, no fee arrangements; this means that you do not pay anything unless we win! Moreover, if we are successful we can usually recover our fees directly from the employer. In Labor Commissioner Appeals, employers who do not succeed in their appeal must pay for costs and reasonable attorney fees.
Call us now on 818-992-2924 to schedule your free consultation.