Won Case in Labor Board but Still Haven't Received Payment

[kjwristen]

My question involves employment and labor law for the state of: California

I worked as a child care provider and did not receive my last paycheck and reimbursement for expenses (2010). I reported the issue to Labor Board, had my appointment to try to dissolve the issue. The defendant showed up about an hour and a half late. The deputy did not let him enter. I received in the mail my court date, but was out of the country. My Father went to represent me and brought all of my paperwork. I received another letter that said that I had won and the amount that is due to me. As of today, I haven't received a single penny. What is the next step if I don't receive payment? How long should I wait to take action if needed?

[ESteele]

There are regular responders on this site from California who have distinguished themselves with their insightful posts. Hopefully, one of them with experience in wage collection matters will respond here.

FWIW, in my wage collection experience in jurisdictions in the Northeast and the Mid-Atlantic, the state departments of labor operated in a relatively aggressive manner overall in effectuating wage collection orders. These agency staffers do not seek these orders and then fail to pursue the employers who owe the money. I would suspect the staffers in California are just as aggressive, if not more.

As a practical matter, you may want to contact the staffers you interfaced with when you filed your wage complaint. They should be able to give you some insight as to what the next possible steps are in the administrative process.

You do not state when the wage collection order was issued. If it was issued recently, it certainly could take a matter of weeks, even months, for an employer to pay.

Many, if not most, solvent companies agree to satisfy such judgments quickly because the accrual of statutory penalties and interest behooves them to do so. I am a little concerned about your former employer’s solvency, though. The facts (1) the owner and/or the representative of the company showed up 90 minutes late for your hearing and (2) the company has failed to pay the award timely may reflect a disorganized, non-profitable outfit.