Lolley

Chris Lolley appeals from an order of the trial court denying his request for attorney's fees following a trial de novo of a wage dispute with his former employer. The trial court concluded that Labor Code section 98.2 did not authorize the award of fees because appellant was represented by the Labor Commissioner free of charge and had not incurred any fees. [1] We affirm.

Appellant filed a claim with the Labor Commissioner against his former employer, respondent Shawn Campbell, doing business as Tri-County Builders Supply, seeking to recover unpaid overtime wages and waiting time penalties. (§ 203.) Following a hearing, the hearing officer awarded appellant $19,476.80 in wages and $7,067.33 in penalties, plus interest.

Respondent timely appealed to the superior court, seeking a trial de novo. (§ 98.2.) Appellant, who had previously represented himself, requested legal representation by the Labor Commissioner pursuant to section 98.4. The Labor Commissioner agreed to represent him through one of its attorneys. In conjunction with that agreement, appellant assigned to the Labor Commissioner all attorney's fees recoverable in the de novo proceedings.

Following the…