Jones

This case presents the novel question of whether a defendant-employer against whom a wage claim has been filed with the Labor Com missioner must appear and participate at the hearing before the Labor Commissioner in order to preserve his right to appeal to the courts.

The Case

Defendants appeal the judgment of the superior court dismissing defendants’ appeal from an order of the Labor Commissioner.

In December 1983, plaintiff commenced an action before the Labor Commissioner to collect amounts which he claimed he was owed by defendants in accordance with the provisions of Labor Code section 98 et seq. Defendants answered the complaint.

On May 7, 1984, after proper notice to both plaintiff and defendants, a hearing was held in connection with plaintiff’s complaint before the Labor Commissioner. Plaintiff appeared with counsel. Several witnesses appeared and testified, and documentary evidence was introduced in support of plaintiff’s claim.

Defendants failed to appear or participate in any manner in the hearing before the Labor Commissioner.

Thereafter, on or about May 22, 1984, Barry L. Davis, hearing officer for the Labor Commissioner, issued the decision and award…