(a)The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under his or her jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to
Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall,
while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that party’s business or personal address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure.
(c)Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting
forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against him or her, but the Labor Commissioner shall hear the evidence offered and shall issue an order,
decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)(1)Whenever a claim is filed under this chapter against a person
operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the person’s business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or his or her agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be
shown that proper service was made on the defendant or his or her agent.
Notes of Decisions
Cited in
40
cases (
10 in the last 5 years), 1981–2025 · leading case:
Oto, L. L.C. v. Kho, 447 P.3d 680 (Cal. 2019).
Oto, L. L.C. v. Kho, 447 P.3d 680 (Cal. 2019).
· cites it 2× “" ( Lab. Code, § 98, subd. (a).) Accordingly, Berman "hearings are not subject to review under Code of Civil Procedure section 1094.”
Smith v. Rae-Venter Law Grp., 58 P.3d 367 (Cal. 2002).
· cites it 6× “) "If the commissioner decides to accept the matter and conduct an administrative hearingcommonly known as a `Berman hearing' after the name of its sponsor, then Assemblyman Howard Bermanhe or she must hold the hearing within 90 days, although he or she has discretion to…”
Post v. Palo/Haklar & Assocs., 4 P.3d 928 (Cal. 2000).
· cites it 6× “It states that the commissioner “shall have the authority to investigate employee complaints.” (Lab.”
Jonsson v. Rand Racing, L.L.C., 270 S.W.3d 320 (Tex. App. 2008).
· cites it 7× “” Cal. LaboR Code § 98 (g) (2007). Therefore, because there is no reference to the code of civil procedure for purposes of determining appearances, we should not rely on it for our analysis.”
Nishiki v. Danko Meredith, APC, 236 Cal. Rptr. 3d 626 (Cal. Ct. App. 5th 2018).
· cites it 2× “[¶] Labor Code section 98 includes remedial procedures for adjudicating wage claims, enforced by the Division of Labor Standards Enforcement under the direction of the commissioner.”
Murphy v. Kenneth Cole Prods., Inc., 155 P.3d 284 (Cal. 2007).
“) “Labor Code section 98, subdivision (a), expressly declares the legislative intent that hearings be conducted ‘in an informal setting preserving the right of the parties.”
Sampson v. Parking Serv. 2000 Com., Inc., 11 Cal. Rptr. 3d 595 (Cal. Ct. App. 2004).
· cites it 2× “’ (Lab. Code, § 98, subd. (a).) “Labor Code section 98, subdivision (a), expressly declares the legislative intent that hearings be conducted ‘in an informal setting preserving the right of the parties.”
California Chamber of Com. v. Simpson, 601 F. Supp. 104 (C.D. Cal. 1985).
· cites it 4× “65 of the Manual; and (3) Cal.Labor Code §§ 98(a) & 96(h). The term “State law” includes “all laws, decisions, rules, regulations, or other State action having the effect of law, of any State____” 29 U.”
Rogers v. Mun. Court, 197 Cal. App. 3d 1314 (Cal. Ct. App. 1988).
· cites it 3× “(Lab. Code, § 98, subd. (a).) A defendant may elect not to file an answer but appear to contest the claim, or file an answer contesting the claim and not appear at the hearing, or the employer may neither appear nor participate and choose to appeal after the commissioner’s…”
Creighton v. City of Livingston, 628 F. Supp. 2d 1199 (E.D. Cal. 2009).
“California Labor Code § 98(a) provides that “[t]he Labor Commissioner shall have the authority to investigate employee com *1220 plaints” and grants the Labor Commissioner the authority to “determine all matters arising under his or her jurisdiction.”
Performance Team Freight Sys., Inc. v. Aleman, 241 Cal. App. 4th 1233 (Cal. Ct. App. 2015).
“At various points in 2012 through 2014, the individual respondents filed wage claims for unreimbursed business expenses and improper deductions with California’s Division of Labor Standards Enforcement (DLSE).”
Pac. Merch. Shipping Ass'n v. Aubry, 918 F.2d 1409 (9th Cir. 1990).
· cites it 2× “See Cal.Lab.Code §§ 98, 1173. IWC Wage Order 4-80 sets out wage and overtime requirements with respect to “professional, technical, clerical, mechanical, and similar occupations.”
Palagin v. Paniagua Constr., Inc., 22 Wage & Hour Cas.2d (BNA) 1841 (Cal. Ct. App. 2013).
“(Lab. Code, § 98 et seq.) 1 Palagin contends (1) the court should have dismissed the proceedings, because respondents did not post an undertaking by the statutory deadline (§ 98.”
Grodensky v. Artichoke Joe's Casino, 171 Cal. App. 4th 1399 (Cal. Ct. App. 2009).
“Labor Code sections 98 through 98.2 confer authority on the commissioner to adjudicate wage claims through an administrative process.”
Aubry v. Goldhor, 201 Cal. App. 3d 399 (Cal. Ct. App. 1988).
“8 Plaintiff contends that Allen, by filing a wage claim with plaintiff, initiated an administrative proceeding for recovery of overtime compensation (Lab. Code, § 98 et seq.). Accordingly, plaintiff argues, the running of the three-year statute of limitations was equitably…”
Garcia v. Superior Court of Los Angeles Cnty., 236 Cal. App. 4th 1138 (Cal. Ct. App. 2015).
“3 Labor Code section 98 includes remedial procedures for adjudicating wage claims, enforced by the DLSE under the direction of the Labor Commissioner.”
Gipe v. Superior Court, 124 Cal. App. 3d 617 (Cal. Ct. App. 1981).
“Code, § 82) is authorized to investigate employee complaints (Lab. Code, § 98). Within 30 days of filing of a complaint, the Labor Commissioner notifies the parties as to whether a hearing will be conducted, whether the Labor Commissioner will prosecute an action, or whether no…”
Pac. Merch. Shipping Ass'n v. Aubry, 709 F. Supp. 1516 (C.D. Cal. 1989).
“Code § 1173 grants the Industrial Welfare Commission (IWC) authority to regulate the wages, hours and working conditions of those employees employed in the State of California. IWC Wage Order 4-80 covers “professional, technical, clerical, mechanical, and similar occupations.”
Nishiki v. Danko Meredith, APC (Cal. Ct. App. 2018).
· cites it 2× “[¶] Labor Code section 98 includes remedial procedures for adjudicating wage claims, enforced by the Division of Labor Standards Enforcement under the direction of the commissioner.”
Oto, L.L.C. v. Kho (Cal. 2019).
· cites it 2× “” (Lab. Code, § 98, subd. (a).) Accordingly, Berman “hearings are not subject to review under Code of Civil Procedure section 1094.”
Titlemax of California v. Pena CA5 (Cal. Ct. App. 2023).
· cites it 2× “2 Labor Code section 98 authorizes the Labor Commissioner to investigate, hear, and decide wage claims within the Labor Commissioner’s jurisdiction.”
Younan v. Fleming Distrib. Co. (Cal. Ct. App. 2020).
“6 Once an employee files a complaint with the Labor Commissioner for nonpayment of wages, Labor Code section 98 subdivision (a) “ ‘provides for three alternatives: the commissioner may either accept the matter and conduct an administrative hearing [citation], prosecute 6 At oral…”
Hasty v. Am. Auto. Assn. of N. Cal. etc. CA3 (Cal. Ct. App. 2023).
“” (Lab. Code, § 98, subd. (a).) A provision waiving the “right to any remedy or relief” as a result of a complaint brought by the Labor Commissioner, hidden in an arbitration agreement, insulates the Association from such awards and precludes the employee from obtaining redress…”
Hasty v. Am. Auto. Assn. of N. Cal., Nev. & Utah (Cal. Ct. App. 2024).
“” (Lab. Code, § 98, subd. (a).) A provision waiving the “right to any remedy or relief” as a result of a complaint brought by the Labor Commissioner, hidden in an arbitration agreement, insulates the Association from such awards and precludes the employee from obtaining redress…”
Monroy v. Donsuemor, Inc. CA1/2 (Cal. Ct. App. 2024).
“) The parties do not contend that the FAA does or does not apply here, and we do not address the issue. 15 3. Administrative Remedies Monroy contends that the agreement fails to exclude from arbitration claims under the NLRA and administrative claims for unpaid wages under the…”
Hansber v. Ulta Beauty Cosmetics, LLC (E.D. Cal. 2021).
“Employees can recover these penalties by filing a complaint with the California Labor 6 Commissioner under California Labor Code § 98. § 210(b). In lieu of seeking this administrative 7 relief, employees can instead pursue civil penalties by way of a PAGA claim.”
Moore v. Addus Healthcare, Inc. (N.D. Cal. 2021).
“” Cal. Lab. Code § 98 (a) (“It is the intent of the 5 Legislature that hearings held pursuant to this section be conducted in an informal setting 6 preserving the right of the parties.”
Chavoya v. Merrill Gardens, LLC (E.D. Cal. 2024).
“26 5 In an action to recover unpaid wages under California Labor Code sections 98, 1193.6, 1194, or 27 1197.”
Villalva v. Bombardier Mass Transit Corp. (Cal. Ct. App. 2025).
“Rather than going directly to court as they could have, they first decided to seek relief from the labor commissioner using the so-called “Berman” hearing process set forth in Labor Code section 98, et seq.1 This is an optional streamlined procedure designed to “benefit…”
Iloff v. LaPaille (Cal. 2025).
“[forcing an employee to file a separate complaint to raise claims that had not been raised before the Labor Commissioner “ ‘would appear inconsistent with the legislative purpose under Labor Code section 98 of providing an expeditious resolution of wage claims .”
Palagin v. Paniagua Constr. (Cal. Ct. App. 2014).
“2(b)); (2) the court erred in allowing respondents to withdraw the undertaking after entry of judgment; and (3) the court erred in ruling that Palagin was not respondents’ employee (§ 2750.”
Garcia v. Super. Ct. (Cal. Ct. App. 2015).
“4 Labor Code section 98 includes remedial procedures for adjudicating wage claims, enforced by the DLSE under the direction of the Labor Commissioner.”
Garcia v. Super. Ct. (Cal. Ct. App. 2015).
“5 Labor Code section 98 includes remedial procedures for adjudicating wage claims, enforced by the DLSE under the direction of the Labor Commissioner.”
FirstAmerica Auto., Inc. v. Sweeney, 94 Cal. Rptr. 2d 623 (Cal. Ct. App. 2000).
“" Labor Code section 98 authorizes the Labor Commissioner to hold an administrative hearing on an employee's claim for unpaid wages.”
— Cal. Labor Code § 98(a) — 3 cases
California Chamber of Com. v. Simpson, 601 F. Supp. 104 (C.D. Cal. 1985).
“65 of the Manual; and (3) Cal.Labor Code §§ 98(a) & 96(h). The term “State law” includes “all laws, decisions, rules, regulations, or other State action having the effect of law, of any State____” 29 U.”
Creighton v. City of Livingston, 628 F. Supp. 2d 1199 (E.D. Cal. 2009).
“California Labor Code § 98(a) provides that “[t]he Labor Commissioner shall have the authority to investigate employee com *1220 plaints” and grants the Labor Commissioner the authority to “determine all matters arising under his or her jurisdiction.”
Jonsson v. Rand Racing, L.L.C., 270 S.W.3d 320 (Tex. App. 2008).
“” Cal. LaboR Code § 98 (g) (2007). Therefore, because there is no reference to the code of civil procedure for purposes of determining appearances, we should not rely on it for our analysis.”
— Cal. Labor Code § 98(b) — 1 case
Jonsson v. Rand Racing, L.L.C., 270 S.W.3d 320 (Tex. App. 2008).
“” Cal. LaboR Code § 98 (g) (2007). Therefore, because there is no reference to the code of civil procedure for purposes of determining appearances, we should not rely on it for our analysis.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.