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P0955 The undertaking required by the Labor Code of an employer appealing to a trial court from a decision of the Labor Commissioner in an unpaid wage claim is not mandatory or jurisdictional, and unless the court issues an order providing for sanctions if it is not posted, including dismissal of the appeal, an employer's failure to post such an undertaking does not deprive the court of power to hear the matter and issue a new award.
PROGRESSIVE CONCRETE v PARKER (Employer's Undertaking) 136 CA4 540 [See: LabC 98.2; Buchwald v Superior Court 254 CA2 347; Williams v Freedomcard 123 CA4 609, P/AT 1/05]
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