Court Was Not Required To Dismiss Appeal Of Employer That Failed To Post Bond
Progressive Concrete, Inc. v. Parker, 136 Cal. App. 4th 540 (2006)
Ron Parker was employed as a sales coordinator by both Progressive and another company. The Labor Commissioner awarded Parker $133,339.38 in unpaid wages, interest and penalties. Progressive filed a notice of appeal with the San Diego County Superior Court, requesting a de novo hearing of Parker's claims. The trial court stayed execution of the Commissioner's award and ordered Progressive to post an appeal bond by a date certain, which Progressive failed to do in violation of Labor Code § 98.2(b). After the trial court refused to dismiss Progressive's appeal for its failure to post a bond, and after a trial de novo, the court entered judgment for Parker in the amount of $75,263.79. Parker appealed. The Court of Appeal affirmed the judgment, holding that the trial court was not required to dismiss Progressive's appeal for its failure to post a bond: “It was incumbent on Parker to seek a court order requiring Progressive to post the undertaking by a certain date.” Cf. Bell v. Farmers Ins. Exch., 135 Cal. App. 4th 1138 (2006) (10 percent prejudgment interest rate applied to unpaid overtime compensation).
