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If my case won at the Labor Board hearing, and my employer did not pay the Order, Decision, or Award, what should I do?

The court ruled in your favor regarding a California wage claim and your employer must pay an Order, Decision, or Award (ODA) issued by the Labor Commissioner. If your employer does not file an appeal, and does not pay the ODA, then the Labor Commissioner will have the court file the ODA as a judgment. Basically, when the ODA is entered as a judgment, it increases the chances that you’ll be able to collect what you’re owed from your employer. You could chose to collect the judgment yourself or have the Labor Commissioner assigned to it. Under California law, if your employer was ordered to pay the ODA, then the court will force he or she to comply.

Example:

Joe filed an overtime wage claim in California with the Labor Commissioner. The matter was presented in a hearing and Joe’s employer had to pay an Order, Decision, or Award. Joe’s employer did not pay the ODA and did not file an appeal to civil court. Since Joe still has not been paid the ODA by his employer, the Labor Commissioner will make the court enter the ODA as a judgment against Joe’s employer. A judgment for an ODA is the same as a money judgment. Basically, the court forces Joe’s employer to pay the ODA. Either Joe can try to collect the ODA from his employer or he can have a Labor Commissioner representative collect the ODA. Ultimately, unless the company goes bankrupt or something similar occurs, Joe will collect the ODA for his rest period wage claim in California if the court ruled in his favor.

If you have a question about California wage claims or need to collect on an unpaid Order, Decision, or Award, contact us now.

2 comments

  1. Confidential

    If I have an ODA and no appeal has been filed after 30 days how can I proceed now? Does the Labor Commissioner automatically make the court enter the ODA as a judgement or do I need to contact someone to make that happen? Then once there is a judgement how do I see to it that I actually get the payment? I received the ODA and haven’t heard anything since.

    1. The Labor Commissioner should automatically enter the ODA as a judgment in the local civil court. It is possible that the Labor Commissioner could forget about your particular case, so you should try getting in touch with the deputy who handled your case. If that doesn’t work, you may need a lawyer. You may need a lawyer at this juncture too, so feel free to give us a call for a case evaluation.

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