What if I win at the hearing and my employer doesn’t pay me the ODA?
If you prevail at the hearing for a reporting time pay wage claim, the Labor Commissioner rules in your favor, and your employer does not file an appeal, the Division of Labor Standards and Enforcement will enter the Order, Decision, or Award as a judgement by the court. A judgment has the same power as other money judgements submitted by the court. You can then try to collect the money from your employer yourself or the Division of Labor Standards and Enforcement will collect it for you.
Joe filed a reporting time pay wage claim in California. A hearing was held and the Labor Commissioner ruled in Joe’s favor. The Labor Commissioner said that Joe’s employer must pay an Order, Decision or Award to Joe. It’s been a while and Joe’s employer still has not paid the Order, Decision or Award. Joe can have the Division of Labor Standards and Enforcement make the court enter the Order, Decision, or Award as a judgement. A judgement in court has the same force as a money judgement. Joe can then collect the pay himself or have the Division of Labor Standards and Enforcement collect it for him.