Labor Commissioner wage claim: hearing to be held within 90 days of the determination to hold a hearing
90 days after date the labor commissioner determined to hold a hearing, under Cal. Lab. Code 98(a).
Rule text
If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination.
Calculate this deadline
Deadline
Thursday, February 4, 2027
- Trigger (Date the Labor Commissioner determined to hold a hearing): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Lab. Code 98(a)
If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination.Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Labor Commissioner wage claim (Berman) process. The Commissioner may postpone or grant additional time.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the Labor Commissioner determined to hold a hearing on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the Labor Commissioner determined to hold a hearing): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Notes
Labor Commissioner wage claim (Berman) process. The Commissioner may postpone or grant additional time.
Related deadlines
- Labor Commissioner minimum wage citation (Lab. Code 1197.1): request informal hearing within 15 business days after service of citation (15 court days after)
- Prevailing wage civil wage and penalty assessment: request for review within 60 days after service of assessment (60 days after)
- Labor Commissioner wage claim: defendant may file answer within 10 days after service of notice and complaint (10 days after)
- Labor Commissioner wage claim: notice whether hearing will be held within 30 days of filing of complaint (30 days after)
- Labor Commissioner wage claim: order, decision or award to be filed within 15 days after hearing concludes (15 days after)
- Labor Commissioner retaliation/discrimination complaint: file within 1 year after the violation (12 months after)
- Lab. Code 6310/6311 safety retaliation: concurrent federal OSHA complaint within 30 days after the violation (30 days after)
- Labor Commissioner retaliation determination: respondent must comply within 30 days of notification or face suit (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.