Legal Question in Employment Law in California
I'm in California and I worked at a resturant and the owner closed the resturant and didn't pay any of the employees there last two pay checks. The resturant opened two weeks later under a new owner and the resturant is still under the same name, is it possible to get our unpaid wages from the new owner since the resturant is still under the same name. Thanks so much for the help!
3 Answers from Attorneys
You all need to file your claim with the Labor Commissioner against the old and new owners, so that the liability can be determined.
It will depend on how the new owner came to own the business and what money the old owner has. I agree with Mr. Nelson that the way to proceed is file a claim with the Dept. of Industrial Relations, Bureau of Labor Standards Enforcement (the current name for what used to be called the Labor Commission) against both owners and let the BLSE sort it out.
Good luck with the Department of Labor Standards Enforcement. They are understaffed, over worked, and run by conservative administrators and attorneys who favor employers.
I recommend that your coworkers and you consult with qualified labor law attorneys who represent employees in situations such as this. If you need a referral, feel free to call my office.
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