Labor Commissioner minimum wage citation (Lab. Code 1197.1): request informal hearing within 15 business days after service of citation
15 court days after date of service of the citation, under Cal. Lab. Code 1197.1(c)(1).
Rule text
(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of their appeal by a request for an informal hearing.
Calculate this deadline
- Trigger (Date of service of the citation): Friday, November 6, 2026.
- Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, December 2, 2026.
Cal. Lab. Code 1197.1(c)(1)
(c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of their appeal by a request for an informal hearing.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
- For CA-AGENCY the engine counts with the state-office holiday list (ca_agency.json), which excludes those three days; the stated over-count does not occur. Reword the notes (the period and count are otherwise correct). Business days modeled as court days; the Labor Commissioner is a state office, so state-office closure days (Gov. Code 19853) govern, and these differ from court holidays (e.g., Lincoln Day, Juneteenth, Native American Day are court holidays but state offices are open): the court-day count may be later than the true business-day count on those dates (AMBIGUITY; file by the earlier date). No mail extension stated for the citation. In lieu of contesting, payment is due within 15 business days after ISSUANCE (1197.1(d)). The decision after hearing may be reviewed by writ of mandate within 45 days of service of the findings and order (1197.1(c)(2); not modeled here).
- 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 of service of the citation on Monday, March 15, 2027, personal service: due Tuesday, April 6, 2027.
- Trigger (Date of service of the citation): Monday, March 15, 2027.
- Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, April 6, 2027.
Notes
For CA-AGENCY the engine counts with the state-office holiday list (ca_agency.json), which excludes those three days; the stated over-count does not occur. Reword the notes (the period and count are otherwise correct). Business days modeled as court days; the Labor Commissioner is a state office, so state-office closure days (Gov. Code 19853) govern, and these differ from court holidays (e.g., Lincoln Day, Juneteenth, Native American Day are court holidays but state offices are open): the court-day count may be later than the true business-day count on those dates (AMBIGUITY; file by the earlier date). No mail extension stated for the citation. In lieu of contesting, payment is due within 15 business days after ISSUANCE (1197.1(d)). The decision after hearing may be reviewed by writ of mandate within 45 days of service of the findings and order (1197.1(c)(2); not modeled here).
Related deadlines
- 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: hearing to be held within 90 days of the determination to hold a hearing (90 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.