On December 27, 2017 a
Order
was filed
involving a dispute between
The Labor Commissioner, State Of California,
and
Labosky, Philip William, Jr,
for (20) Limited Enforcement of Judgment - 10,000 - 25,000
in the District Court of San Mateo County.
Preview
MBOR COMMISSIONER, srA'ri CALIFORNIA ~
_.
For C ".156nly:
’
Department of Industrial Relations E
Division of Labor Standards Enforcement fiat}?! “HT"
‘ BAN MATE“
1011 Paseo de San Antonio, Ste. 120
,
.
San Jose CA 95113 .
-
DEC 2 7 2017
FAX(4l18)277-9643 .
‘
Plaintiff: 9535'“ 93}{j Wm“ WU“
Francisco Valdez Pastor .
Court {11’n fi/ 310/4
{6;T—vflr
'94
A
Defendant: Philip William Labosky Jr, an individual dba Labosky
Construction .
State C356 Number ORDER, DECISION 0R AWARD OF Til-IE LABOR COMMISSIONER
2n- 990114
1] A Lilli
DATE:
CITY:
January
1011 Paseo
19, 2017
de San Antonio,
‘
Ste.120
I CONTEN‘UED TO:
San Jose, CA 95113 I
[17—CLJ:11759‘1—4_~W
“‘
l. The above- entitled matter came on for hearing before the Labor Commissioner of the State of California as follows:A *
Eggtimm" or Award of the Labor Comm
2. IT IS ORDERED THAT: Plaintiff recover from Defendant.
I—MMWWWMM
$ 13080-00 for liquidated damages pursuant to Labor Code Section 1194.2 mama
$ 0-00 Reimbursable business expenses
$ —— 581.91
820 00
for interest pursuant to Labor Code Section(s) 98.1(c),1194.2 and/or 2802(b),
for additional Wages accrued pursuant to Labor Code Section 203 as a penalty
$ ——-’-—-'—
5
and that same shall not be subject to payroll or other deductions.
$ 5,820.00 for penalties pursuant to Labor Code Section 203.1 which shall not be subject to payroll or other deductions.
$ 0.00 other (specify):
8 16,469.91 TOTAL AMOUNT OF AWARD
3. The herein Order, Decision or Award is based upon the Findings of Fact,Legal Analysis and Conclusions attached hereto and
incorporated herein by reference.
4. The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and
enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court* within
ten (10) days of service Of thisdocument. Service of this document can be accomplished either by first class mail or by personal
delivery and 15 effective upon mailing or at the time of personal delivery. Ifservice on the parties ismade by mail, the ten (10) day
appeal period shall be exténded by five (5) days. For partiesserved outside OfCalifornia, theperiod of extension is longer (See Code
of Civil Procedure Section 1013.).In case of appeal, the necessary filing fee must be paid by the appellant and appellant must,
immediately upon filing an appeal with- the appropriate Court, serve a copy of the appeal request upon the Labor Commissioner. If an
appeal IS filed by a corporation, a non-lawyer agent of the corporatlon may file the Notice of Appeal with the appropriate court, but
the corpOration must be represented 1n any subsequent trial by an attOrney, licensed to practice in the State of California.Labor Code
Section 98. 2(0) provides that if the party seeking review by filing an appeal to the court is unsuccessful m such appeal, the court shall
determine the costs and reasonable attomey’ s fees incurred by" the" other party to the appeal and assess such amount as a cost upon the
party filing the appeal. Ari employee is successful if the court awards an amount greater than zero
PLEASE TAKE NOTICE. Labor Code Section 98; 2(b)requires thatas a condition to filing an appeal of an Order, Decision or
Award Of the Labor Commissioner, the employer shall first post a bond or undertaking with the court in the amount of the ODA; and
the employer shall pr'o'vide written riOtiee 'to the other parties and the Labor Commissionerof the posting of the undertaking. Labor
Code Section 98. 2(b) also requires the undertaking contain other specific conditions for distribution~un er the bond. While this claim
is before the Labor Commissioner, you. are required to notify the Labor Commissi/ner’m writing of y changes In your business or
personal address within
DLSE 535 (Rev.171'2)””"
'
10--days after any change occurs. LABO
BY:
MMISSIONE
l”.
OROER, DECISION OR AWARD OF THE LABOR COMMISSIONER
—
w
ilsh‘ael‘fispi’rlgTe‘ ez/
TE OF CALIFORNIA
HEARING OFFICER
LC. 98
Document Filed Date
December 27, 2017
Case Filing Date
December 27, 2017
Category
(20) Limited Enforcement of Judgment - 10,000 - 25,000
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MBOR COMMISSIONER, srA'ri CALIFORNIA ~ _. For C ".156nly: ’ Department of Industrial Relations E Division of Labor Standards Enforcement fiat}?! “HT" ‘ BAN MATE“ 1011 Paseo de San Antonio, Ste. 120 , . San Jose CA 95113 . - DEC 2 7 2017 FAX(4l18)277-9643 . ‘ Plaintiff: 9535'“ 93}{j Wm“ WU“ Francisco Valdez Pastor . Court {11’n fi/ 310/4 {6;T—vflr '94 A Defendant: Philip William Labosky Jr, an individual dba Labosky Construction . State C356 Number ORDER, DECISION 0R AWARD OF Til-IE LABOR COMMISSIONER 2n- 990114 1] A Lilli DATE: CITY: January 1011 Paseo 19, 2017 de San Antonio, ‘ Ste.120 I CONTEN‘UED TO: San Jose, CA 95113 I [17—CLJ:11759‘1—4_~W “‘ l. The above- entitled matter came on for hearing before the Labor Commissioner of the State of California as follows:A * Eggtimm" or Award of the Labor Comm 2. IT IS ORDERED THAT: Plaintiff recover from Defendant. I—MMWWWMM $ 13080-00 for liquidated damages pursuant to Labor Code Section 1194.2 mama $ 0-00 Reimbursable business expenses $ —— 581.91 820 00 for interest pursuant to Labor Code Section(s) 98.1(c),1194.2 and/or 2802(b), for additional Wages accrued pursuant to Labor Code Section 203 as a penalty $ ——-’-—-'— 5 and that same shall not be subject to payroll or other deductions. $ 5,820.00 for penalties pursuant to Labor Code Section 203.1 which shall not be subject to payroll or other deductions. $ 0.00 other (specify): 8 16,469.91 TOTAL AMOUNT OF AWARD 3. The herein Order, Decision or Award is based upon the Findings of Fact,Legal Analysis and Conclusions attached hereto and incorporated herein by reference. 4. The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court* within ten (10) days of service Of thisdocument. Service of this document can be accomplished either by first class mail or by personal delivery and 15 effective upon mailing or at the time of personal delivery. Ifservice on the parties ismade by mail, the ten (10) day appeal period shall be exténded by five (5) days. For partiesserved outside OfCalifornia, theperiod of extension is longer (See Code of Civil Procedure Section 1013.).In case of appeal, the necessary filing fee must be paid by the appellant and appellant must, immediately upon filing an appeal with- the appropriate Court, serve a copy of the appeal request upon the Labor Commissioner. If an appeal IS filed by a corporation, a non-lawyer agent of the corporatlon may file the Notice of Appeal with the appropriate court, but the corpOration must be represented 1n any subsequent trial by an attOrney, licensed to practice in the State of California.Labor Code Section 98. 2(0) provides that if the party seeking review by filing an appeal to the court is unsuccessful m such appeal, the court shall determine the costs and reasonable attomey’ s fees incurred by" the" other party to the appeal and assess such amount as a cost upon the party filing the appeal. Ari employee is successful if the court awards an amount greater than zero PLEASE TAKE NOTICE. Labor Code Section 98; 2(b)requires thatas a condition to filing an appeal of an Order, Decision or Award Of the Labor Commissioner, the employer shall first post a bond or undertaking with the court in the amount of the ODA; and the employer shall pr'o'vide written riOtiee 'to the other parties and the Labor Commissionerof the posting of the undertaking. Labor Code Section 98. 2(b) also requires the undertaking contain other specific conditions for distribution~un er the bond. While this claim is before the Labor Commissioner, you. are required to notify the Labor Commissi/ner’m writing of y changes In your business or personal address within DLSE 535 (Rev.171'2)””" ' 10--days after any change occurs. LABO BY: MMISSIONE l”. OROER, DECISION OR AWARD OF THE LABOR COMMISSIONER — w ilsh‘ael‘fispi’rlgTe‘ ez/ TE OF CALIFORNIA HEARING OFFICER LC. 98