An employer that has sustained a Labor Standards Enforcement judgment against him or her retains the right of court review upon filing of a California Labor Commission appeal bond and noticing the commissioner. Chapter 4. Division of Labor Standards Enforcement of the Labor Code states that within 10 days after service of notice of an order, decision, or award a party may seek review by filing an appeal to the superior court. That appeal is heard by the court as de novo. Subsection (b) of the statute requires the employer to file the surety bond with the reviewing court in the amount of the order, decision, or award. The appeal bond must be issued by a licensed surety company then give written notification to the other parties and the Labor Commissioner of the posting of the same. The surety bond must guarantee that any judgment entered in favor of the employee will be paid by the employer pursuant to the judgment, and if the appeal is withdrawn or dismissed without entry of judgment, that the employer will likewise pay the amount owed pursuant to the order, decision, or award unless the parties have entered into a settlement agreement for payment of some other amount. In the case of a settlement the employer is obligated to pay under the terms of the settlement agreement. Failure to do so results in forfeiture of that amount from the appeal bond.
While pleading filing rules, filing costs and other superior court protocols are pertinent to appealing decisions of the California Labor Commissioner’s hearings officers, the rules regarding the penalty of the California Labor Commission appeal bond deviate from those requirements under the California Code of Civil Procedure. Where CCCP generally requires a California appeal bond to be equal to no less than 150% of the entry of judgment, appeal bonds for industrial relations cases must be equal to the final order or award.
Appeal bond underwriting requires the input of a surety bond specialist with knowledge of this class of judicial bond and with experience manuscripting statutory compliant surety bonds. California surety bond leader SuretyOne.com specializes in court bonds. A California Labor Commission appeal bond application submission is reviewed and responded to within one hour of receipt. We are the MOST RESPONSIVE surety bond underwriter in the United States. Call (800) 373-2804, or email us at Underwriting@SuretyOne.com for an appeal bond application or for any court bond need.
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