EmploymentQuestion 955 of 1605
After a Labor Commissioner (Berman) hearing results in an award for the employee, what may a dissatisfied party generally do?
a.Nothing; the decision is final and unreviewable
b.Appeal only to the CSLB
c.Appeal by filing for a new trial (de novo) in the superior court within the statutory deadline
d.Demand a jury at the DLSE
Explanation
Under Labor Code §98.2, a party dissatisfied with the Labor Commissioner's Order, Decision, or Award may appeal to the superior court, which hears the matter de novo (a fresh trial). Strict deadlines apply, and an employer that appeals but does not do better than the DLSE award may owe the employee's attorney's fees. The Berman decision is not unreviewable, and the appeal goes to the courts, not the CSLB.
Law Reference: Labor Code §98; wage-claim processPractice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)