Williams v. FREEDOMCARD, INC.

Wesley Buford and FreedomCard, Inc., of which Buford is a director and corporate officer, complain that the State’s Division of Labor Standards Enforcement erred in holding Buford personally hable (via joint and several liability) for unpaid wages owed to Caldwell Williams. However, in attempting to appeal de novo to the superior court from an administrative order, Buford and FreedomCard failed to post a bond, as required by Labor Code section 98.2, subdivision (b). Moreover, Buford did not claim and FreedomCard could not claim indigency, and neither showed an unsuccessful attempt to obtain a bond, as required by Code of Civil Procedure section 995.240 to obtain relief from the bond requirement.

Accordingly, since no bond was posted and the statutory requirements for relief from posting a bond were not satisfied, the trial court did not abuse its discretion in dismissing appellants’ appeal de novo from the order of the Labor Commissioner awarding Williams $81,000 in earned but unpaid wages (plus penalties and interest).

FACTUAL AND PROCEDURAL SUMMARY

In November of 2001, Williams filed a claim for unpaid wages, interest, and statutory penalties with the State Labor…