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Marginalia
Code · California · Labor Code

§ 1160.11

385 words·~2 min read·/ca/labor-code/1160-11

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An employer who petitions for a writ of review of a final board order in the court of appeal or the California Supreme Court pursuant to Section 1160.8, or who otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board in which the board has ordered the payment of a monetary remedy shall first post a bond with the board in the amount of the entire economic value of the order as determined by the board as a condition to filing a petition for a writ of review or other court filing to ensure that employees receive the benefits of the order if the employer seeking review does not prevail. The employer shall post the bond with the board within 30 days from the date of the issuance of the board’s order. The court shall dismiss any petition for a writ of review or other legal challenge where the petitioning employer did not timely comply with this section.
(b)The bond required under this section shall consist of an appeal bond issued by a licensed surety or a cash deposit with the board in the amount specified in subdivision
(a)of this section. The employer shall provide written notification to all of the parties of the posting of the bond and shall also provide notice to the court at the time of the filing of the petition for a writ of review or other court filing. The bond shall be on the condition that, if the petition or other court filing is withdrawn, dismissed, or denied or if judgment is otherwise entered against the employer, the employer shall pay the amount owed pursuant to the board’s order, or the judgment of the court if in a different amount, unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of finality of the review proceeding or the execution of a settlement agreement, a portion of the bond equal to the amount owed, or the entire bond if the amount owed exceeds the bond, is forfeited to the board for appropriate distribution.
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