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How to appeal DLSE wage claim decsion to the Superior Court?

San Francisco, CA |

The DLSE denied a wage claim I filed, how do I appeal their decsion to the court?

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Attorney answers 2

Posted

See labor code section 98.2 here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=79-107

Here is the Notice of Appeal: http://www.dir.ca.gov/dlse/DLSE-537.pdf It must be served correctly.

A Complaint must be filed. Here is an example of PART of a Complaint:
http://www.lermanet.com/fraud/SBDC_Lynch%20et%20al%20VS_New_Life_Center_226%206TH%20STREET_etal.pdf

If you do not use an attorney, you will have a very hard time. You can be ordered to pay cost and maybe attorney fees. I strongly suggest you find an employment lawyer to help you.

Posted

You cannot appeal to superior court until you have exhausted your administrative remedies. Appeal of the Board decision is to an administrative law judge. All of the details informing you of how to appeal the decision would have been included in the decision itself. Do not skip the ALJ step. If you disagree with that decision, then you appeal in the administrative law court appeals board. It is only after you have exhausted all of those steps that you get into superior court.

Best of luck to you.

This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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