This bill clarifies that an employer wishing to appeal a Labor Commissioner decision in the superior court must first post a bond - as a precondition to appeal - in the full amount of the judgment rendered in the Labor Commissioner hearing. The legislation is intended to supersede a Court of Appeal ruling Progressive Concrete, Inc. v. Parker, 136 Cal. App. 4th 540 (2006), which held that the bond requirement is merely “directory” instead of “mandatory and jurisdictional.”
Amends Labor Code Section 98.2.
Approved by the Governor and Chaptered by the Secretary of State on 07/15/10. Chapter 102 of the Statutes of 2010.