Burkes v. Robertson

*339The Labor Commissioner (Commissioner) issued an award in favor of Larry Burkes, an employee of Damon Robertson (doing business as All Ways Delivery) for unpaid overtime wages, penalties, and interest.

*91Robertson filed a timely pro se notice of appeal in the Solano County Superior Court, but he failed to post a statutorily required undertaking (an appeal bond or cash deposit in the amount of the award) within the time provided. ( Lab. Code, § 98.2, subd. (b) ; hereafter section 98.2(b).)1 He subsequently requested a waiver of the undertaking requirement, alleging indigency. The trial court found…