PROGRESSIVE CONCRETE, INC. v. Parker

Opinion

McDONALD, J.

This case presents the question of whether an employer’s failure to post an undertaking pursuant to Labor Code section 98.2, subdivision (b) 1 deprives the trial court of jurisdiction to consider the employer’s appeal of the State of California Labor Commissioner’s (Commissioner) award in favor of the employee. The trial court implicitly denied employee Ron Parker’s motion to dismiss employer Progressive Concrete, Inc.’s (Progressive) appeal of the Commissioner’s award of unpaid sales commissions and, after a de novo bench trial, entered a judgment awarding him a lesser…