What if I win the claim and the employer doesn’t pay the ODA?
In California, if you prevail in the hearing of your wage claim, your employer must pay you the Order, Decision or Award (Labor Commissioner’s decision), unless your employer files an appeal. If your employer does not file an appeal, and does not pay the Order, Decision or Award, the Division of Labor Standards Enforcement will have the court enter the Order, Decision, or Award as a judgment against your employer. When a judgment is made in court against your employer, it has the same force as any other type of money judgments entered in the court. Once the judgment is entered, you may collect the Order, Decision or Award from your employer or the Division of Labor Standards Enforcement will collect it for you.
Example:
Jane filed a wage claim with the Labor Commissioner’s Office. Jane ultimately prevailed in the hearing and the employer had to pay and Order, Decision or Award to Jane. The employer did not file an appeal and has not paid the Order, Decision or Award to Jane. In this situation, the Division of Labors Standards Enforcement will have the court enter the Order, Decision or Award as a judgment. This means that Jane’s employer will be forced by the court to pay Jane. Jane may collect the judgment herself to she can have the Division of Labor Standards Enforcement collect it for her.
If you have a question about California employee or independent contractor law or want to file a wage claim in California, contact us now.