Legal Question in Employment Law in California
Labor Commissioner Award
Once an award or order has been given by the Labor Commissioner and the defendant has not appealed, is there a specific time in which the defendant must pay the plantiff the wages & interest owed? If they do not pay during that time frame, what is the process to make them pay?
Also, in this instance, the defendant bought the company that the judgment is against. They did purchase all assets, debts and liabilities. Can the new company withhold federal and state taxes from the judgment since I have not given them my withholding info?
Thank you!
3 Answers from Attorneys
Re: Labor Commissioner Award
The award will turn into a judgment which means you will have a piece of paper saying they owe you the money. You will have to use any debt collection efforts any other creditor must follow. The first thing to do is simply write a letter demanding payment or you will require a judgment debor examination or put a lien on any assets you can find.
Awards for wages are taxable, so withholdings will come out. Penalties are not.
Re: Labor Commissioner Award
You must turn the award into a court judgment, then try to collect it like any other judgment. Feel free to contact me for help doing so.
Re: Labor Commissioner Award
If the employer does not appeal within the time allowed, the award can be confirmed as a money judgment in civil court. You can enforce the judgment just as if you had suit and won after a trial.
If you cannot afford an attorney, sometimes the Labor Commissioner will represent you and handle this process. You can also hire private counsel.
If you need help from an experienced collection attorney, call me for a free consultation.
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