Once the Labor Commissioner’s decision and award are presented to each party regarding a wage claim, either party may appeal the Labor Commissioner’s decision. The party who appeals the Labor Commissioner’s decision and award may get a Notice of Appeal from the Labor Commissioner’s office. The appealing party must file the appeal in court within the time period stated on the Labor Commissioner’s decision and award, and copies of the Notice to Appeal must be given to the Labor Commissioner as well as the opposing party. If the defendant files an appeal, the amount of the Labor Commissioner’s decision and award in the form of a bond must be posted with the reviewing court. A “de novo” hearing will be set by the court clerk in which a judge will hear the case again and each party will have the chance to present evidence and witnesses.
If you have an attorney represent you in your appeal, you should be able to recover your attorney’s fees and costs if you win your appeal (meaning that you get more than $0 awarded by the court). Click here to see if one of our attorneys will be willing to represent you in an appeal.