Gantman v. Stephan, Schreiber & Tabachnick CPA’s
Labor Code section 98.2, subdivision (a), authorizes parties to a Labor Commission wage proceeding to file an appeal to the superior court where the matter is heard de novo. Section 98.2, subdivision (c), provides, if the party seeking review by filing the appeal is unsuccessful, the court is to award costs and reasonable attorney fees to the other parties to the appeal. Subdivision (c) specifies, “An employee is successful if the court awards an amount greater than zero.”
Andrew Gantman filed a claim against his former employer, Stephan, Schreiber & Tabachnick CPA’s, Inc. (SST), with the Labor Commissioner for unpaid wages and violations of the Labor Code, including section 221, prohibiting an employer from collecting sums owed to it from an employee’s wages, and section 2802, requiring an employer to indemnify its employee for necessary expenditures.
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