(Download) "Smith V. Rae-Venter Law Group" by In the Supreme Court of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Smith V. Rae-Venter Law Group
- Author : In the Supreme Court of California
- Release Date : January 02, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
"If an employer fails to pay wages in the amount, time, or manner required by contract or by statute, the employee has two principal options. The employee may seek judicial relief by filing an ordinary civil action against the employer for breach of contract and/or for the wages prescribed by statute. (Lab. Code, §§ 218, 1194.) Or the employee may seek administrative relief by filing a wage claim with the [California labor] commissioner pursuant to a special statutory scheme codified in sections 98 to 98.8," commonly known as a Berman hearing. (Cuadra v. Millan (1998) 17 Cal.4th 855, 858, italics omitted.) Where the administrative remedy is pursued, both parties have the right to appeal the decision of the labor commissioner (commissioner) to the trial court. (Lab. Code, § 98.2, subd. (a).) *fn1 In the event such an appeal is taken, section 98.2, subdivision (c) (section 98.2(c)) provides that the court shall assess costs and reasonable attorney fees against an appellant who "is unsuccessful in the appeal." The purpose of this fee-shifting provision is to discourage frivolous and meritless appeals from the commissioner's decisions.