Burkes

*339 The 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.

*91 Robertson 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 Robertson's failure to request a waiver prior to the deadline for filing a section 98.2 notice of appeal deprived it of jurisdiction to consider the request. Accordingly, the trial court dismissed the appeal. We agree and affirm.

I. BACKGROUND AND PROCEDURAL HISTORY

Burkes filed a claim against Robertson with the Commissioner's office alleging he was owed money for straight-time wages, overtime wages, waiting time penalties, and liquidated damages. 2 On June 21, 2016, the Commissioner issued an "Order, Decision, or Award" (Award) in favor of *340 Burkes for unpaid overtime…