California Labor Law 98.2 Undertaking & Appeal Bond

California Labor Law 98.2 UndertakingA recent article in the New York Times by Jennifer Medina on California labor issues (found here) prompted a question.  Do you know where your state stands in regards to labor laws?  Not all states are equal.  In fact, nationwide, there is significant variation between labor heavy regulations and those that favor the employer.  Laws in California, for those of you who didn’t already guess, favor labor.  And in 2014, the situation can be labeled ‘more so’.  There have been several recent changes to the code  but the one I wanted to discuss today is California Labor Code 98.2 which covers the appeal process.  In order to seek review of a decision, a party has 10 days to file an appeal to the superior court.  To successfully file, the appealing parties must post an appeal bond (also known as a undertaking bond) or cash with the superior court in the amount equal to the judgement.

Have you ever felt pressed for time?  10 days can feel like an eternity or like a slowly tightening girdle; just squeezing the breath out of you. The 10 day limit to file an appeal is the crux of issue here.  Because, no matter what side of the dispute you are on, labor or employer, if you miss the deadline, you have forfeited your opportunity to contest the court’s decision.  (For more info on this see Garret Murai’s helpful article on the appeal process:  Here)

Making the right decisions during the 10 day limit is crucial.  Should you appeal?  Do you feel strongly about the merits of your claim?  How do I procure an Appeal Bond or an Undertaking?  Which surety bond company should I choose?   The former two questions can only be answered by a thorough examination of the case, preferably done with your attorney.  The latter two questions are a little easier to answer.  Any surety bond agent you choose should have the ability to turn around your appeal bond requirements in a matter of hours if necessary.  They should have the experience to offer the time saving advice that could very well save your appeal.

If you have questions about California Labor Code 98.2 or if you want to learn more about the appeal bond or undertaking bond process, please contact the surety bond experts at Jurisco.  A member of their experienced staff is available to answer any queries you may have.

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