California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13644 - Bonds for Filing an Appeal from an Order, Decision or Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The bond that is required pursuant to Labor Code Section
				  2673.1(f),
				  as a condition precedent to filing an appeal from an order, decision or award
				  of the Labor Commissioner, shall be issued by a surety licensed to do business
				  in the State of California, in an amount equal to one and one-half times the
				  award, and shall be made payable to and posted with the Labor Commissioner. An
				  undertaking in the form of a cashier's check or money order made payable to the
				  Labor Commissioner may be provided to the Labor Commissioner in lieu of posting
				  this surety bond. The surety bond or undertaking shall be delivered to the
				  office of the Labor Commissioner where the hearing that resulted in the order,
				  decision or award was held. The bond or undertaking shall be conditioned that
				  if any judgment is entered in favor of the employee, the contractor,
				  manufacturer, or brand guarantor shall pay the amount owed pursuant to the
				  judgment, and if the appeal is withdrawn or dismissed without entry of
				  judgment, the contractor, manufacturer, or brand guarantor shall pay the amount
				  owed pursuant to the order, decision or award of the Labor Commissioner unless
				  the parties have executed a settlement agreement for payment of some other
				  amount, in which case the contractor, manufacturer, or brand guarantor shall
				  pay the amount that it is obligated to pay under the terms of the settlement
				  agreement. If the contractor, manufacturer, or brand guarantor fails to pay the
				  amount owed within 10 days of the entry of judgment, dismissal or withdrawal of
				  the appeal, or the execution of a settlement agreement, a portion of the bond
				  or undertaking equal to the amount owed, or the entire bond or undertaking if
				  the amount owed exceeds the bond or undertaking, shall be forfeited to the
				  employee.
(b) Upon receipt of this
				  appeal bond or undertaking, the Labor Commissioner shall provide the
				  contractor, manufacturer, or brand guarantor posting the bond or undertaking
				  with a notice of posting of the bond with the Labor Commissioner pursuant to
				  Labor Code Section
				  2673.1, stating
				  the name and case number of the order, decision or award, the amount posted
				  with the Labor Commissioner, the date this amount was posted, and that no
				  additional appeal bond need be posted with the court because this case involves
				  compensation owed to garment workers, and thus, the appeal bond provisions of
				  Labor Code Section
				  2673.1(f),
				  rather than the appeal bond provisions of Labor Code Section
				  98.2(b),
				  apply to the filing of a de novo appeal from the Labor Commissioner's order,
				  decision or award. The contractor, manufacturer, or brand guarantor filing an
				  appeal from the order, decision or award shall advise the court with which it
				  is filing this appeal that it has posted the required bond with the Labor
				  Commissioner by attaching to its notice of appeal a copy of the notice of
				  posting of the bond with the Labor Commissioner.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						98.2 and
						2673, Labor
						Code.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						98.2(b)
						and
						2673, Labor
						Code.