California Court of Appeal

Judgment denying agricultural workers' petition for a writ of mandate and complaint for declaratory relief against the state's Labor Commissioner involving claims for unpaid wages and waiting time penalties is affirmed in part and reversed in part where: 1) an attempt by the Commissioner to issue a binding precedent decision was an invalid circumvention of the APA's rulemaking requirements; but 2) appellants failed to show reversible error with respect to a claim involving the untimely processing of claims under Labor Code section 98.

Appellate Information

• Decided 07/10/2007
• Published 07/10/2007

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• California Rural Legal Assistance, Michael M. Meuter, Melissa Barrios, Alegria De La Cruz and Cynthia L. Rice for Plaintiffs and Appellants., Neighborhood Legal Services of Los Angeles County, Joshua Stehlik and José O. Tello;  The Legal Aid Society-Employment Law Center and Matthew D. Goldberg for Asian Law Caucus, Inc., Asian Pacific American Legal Center of Southern California, Bet Tzedek Legal Services, Garment Worker Center, Koreatown Immigrant Workers Alliance, La Raza Centro Legal, Legal Aid Foundation of Los Angeles, The Legal Aid Society-Employment Law Center, Neighborhood Legal Services of Los Angeles County, Women's Employment Rights Clinic, Young Workers United, Amici Curiae for Plaintiffs and Appellants.


• For Appellees:
  
• Division of Labor Standards Enforcement, Anne P. Stevason and Anne Hipshman for Defendant and Respondent.