No. S174475.

51 Cal.4th 659 (2011)

SONIC-CALABASAS A, INC., Plaintiff and Appellant, v. FRANK MORENO, Defendant and Respondent.

Supreme Court of California.

February 24, 2011.

Attorney(s) appearing for the Case

Fine, Boggs & Perkins, David J. Reese and John P. Boggs for Plaintiff and Appellant.

Locker Folberg , Rachel Folberg and Miles E. Locker for Defendant and Respondent.

McGuinn, Hillsman & Palefsky, Cliff Palefsky , Keith Ehrman ; Law Office of Daniel U. Smith and Valerie T. McGinty for California Employment Lawyers Association as Amicus Curiae on behalf of Defendant and Respondent.

Hina B. Shah ; Cynthia Rice ; Jose Tello ; Miye Goishi ; and Silas Shawver for Asian Law Caucus, Asian Pacific American Legal Center, Bet Tzedek Legal Services, California Rural Legal Assistance, Inc., Centro Legal de La Raza, Garment Worker Center, Hastings Civil Justice Clinic, Katharine & George Alexander Community Law Center, La Raza Centro Legal, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Aid Foundation of Los Angeles, Legal Aid Society-Employment Law Center, Maintenance Cooperation Trust Fund, National Employment Law Project, Neighborhood Legal Services of Los Angeles County, Wage Justice Center, Women's Employment Rights Clinic of Golden Gate University School of Law and Worksafe Law Center as Amici Curiae on behalf of Defendant and Respondent.



Under Labor Code section 98 et seq., an employee with a claim for unpaid wages has a right to seek an informal hearing in front of the Labor Commissioner, a so-called "Berman" hearing. If the employee obtains an award at the Berman hearing, the employer may request de novo review of the award in the superior court, which the statute calls an "appeal." As explained at greater...

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