Ex-worker sought overtime earnings, meal and rest period premium pay
Under section 98.2(b) of California’s Labor Code, if an employer wants to appeal a Labor Commissioner’s decision to the superior court, which would hear the appeal from the beginning, the employer should post a bond.
The case of Adanna Car Wash Corporation v. Gomez arose when a former employee filed a wage claim against Adanna Car Wash Corporation.
The Labor Commissioner ordered Adanna to pay its ex-worker overtime earnings, meal period premium pay, rest period premium pay, liquidated damages, interest, and waiting time penalties in the amount of $23,915.59. Adanna appealed.
The ex-employee filed a motion to dismiss the appeal because Adanna attached a copy of its car wash bond under section 2055 of the Labor Code instead of attaching the appeal bond required under section 98.2(b). He argued that the appeal bond was a jurisdictional requirement and that, without it, the trial court lacked jurisdiction to hear Adanna’s appeal.
The trial court granted the ex-worker’s motion and dismissed the appeal. Adanna took the case to the appellate court. The California Court of Appeal for the Second District affirmed the trial court’s decision.
The Court of Appeal found that the trial court lacked jurisdiction over Adanna’s appeal. Thus, the trial court properly granted the ex-employee’s motion to dismiss the appeal, the appellate court said.
The appellate court distinguished...
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