California Court of Appeal

Burkes v. Robertson, 150249

Affirmed the dismissal of an employer's appeal from the California Labor Commissioner's award of overtime wages and penalties to an employee. The employer, who asserted that he could not afford to post an undertaking (an appeal bond or cash deposit in the amount of the award), requested a waiver of the requirement. Agreeing with the trial court, the California First Appellate District held that the employer's failure to request the waiver prior to the deadline for filing a notice of appeal deprived the court of jurisdiction to consider the waiver request. The panel thus affirmed dismissal of the employer's appeal.

Appellate Information

• Argued
• Submitted
• Decided
• Published 2018/08/20

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

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