Company went out of business

[Donutt007]

What is the name of your state? California

OK so it's kind of a multi-part question.

So I was given a 6 day notice that the company was going to close. We were evicted from the building that we were in and the owner is working on a project with a second company in Las Vegas.

OK, so I worked there until our last day of operations which was May 15th. I am still owed about 7 days of pay as well as 200 hours of paid time off.

I was told that the US Trustee board will pay off the time off hours, but I still haven't been paid for hours owed to me.

I was told they would have an answer for me by Friday the 18th and here it is the 20th and I haven't heard anything.

Before I call them up tomorrow I was curious what my legal rights are.

I am in California and the new company that the owner is working is located in Nevada.

If you need any other information, just let me know!
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[pattytx]

Especially since you know where they are, go ahead and file the unpaid wages claim in California. Immediately.

However, what is this "earned time off" of which you speak? If you were an exempt employee, there is no legal right to pay for that time. If you were a nonexempt employee, it was a violation of law to give you "comp time" in lieu of paying overtime in cash.
The exception is government (for nonexempt employees), but obviously, that doesn't apply here as governments don't usually go out of business.

 

[cbg]

Some companies refer to their PTO program as ETO (earned time off as opposed to Paid Time Off). I don't know if that's the case here but if it is, in CA it would be due - in Nevada it would not.

 

[Donutt007]

Yes it's considered our PTO, but the owners just combined our sick pay and vacation pay into one lump.

And it would be in CA.

 

[Betty]

Ok. Go ahead & put in a claim/complaint with the DLSE in Ca.