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If my case won at the hearing, and my employer doesn’t pay the Order, Decision, or Award, what should I do?

The court ruled in your favor regarding a California vacation wage claim and your employer must pay an Order, Decision, or Award (ODA). If your employer does not file an appeal, and does not pay the ODA, then the Division of Labor Standards Enforcement will have the court file the ODA as a judgment. Basically, when the ODA is entered as a judgment, it is a strong way for the court to collect from your employer. You could chose to collect the judgment yourself or have the Division of Labor Standards Enforcement 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 a vacation wage claim in California. 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. Since Joe still has not been paid the ODA by his employer, the Division of Labor Standards Enforcement 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 Division of Labor Standards Enforcement representative collect the ODA. Ultimately, Joe will collect the ODA for his vacation wage claim in California if the court ruled in his favor.

If you have a question about California vacation law or want to file a vacation wage claim, contact Strauss Law Group now.

2 comments

  1. Confidential

    How long does it typically take for the DLSE to collect an ODA? It’s been over a year so far. Just wondering what to expect and is there any way to speed up the process or check the status?

    1. There is no timetable for how long it takes the Labor Commissioner to collect on an ODA. It is quite possible that the Labor Commissioner will never be able to collect. The California legislature has been making it easier for the Labor Commissioner to collect on judgements, but many employers are still avoiding their obligation to pay an ODA. The laws for collection are very robust. The Labor Commissioner may not be in the best position to collect on your ODA. Feel free to give us a call so we can evaluate whether it would make sense for our firm to get involved in the collection process.

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