California Labor Commissioner Reaches Settlement of $190,000.00 in Back Pay for Restaurant Workers

The California Department of Industrial Relations reached a $190,000.00 settlement on behalf of three employees of Nem Nuong Ninh Hoa, a well-known local restaurant located in Rosemead, California. The case began when one worker filed a wage claim in May 2012 with the remaining two filing claims by January 2013. Judgments were awarded in September 2013 and the owners of the restaurant were ordered to pay wages owed, as well as liquidated damages and penalties. However, the owners of the restaurant, three siblings, began transferring the restaurant ownership among themselves in an effort to escape liability and avoid paying the judgment and wages. The Labor Commissioner's Office accused the owners of fraudulently transferring ownership and filed suit against the three owners to enforce payment of the prior judgment. It was determined that the three siblings had changed the ownership of the restaurant three times since September 2013, but continued to serve the same food made with the same equipment and continued to operate at the same location in Rosemead. As a result of the lawsuit, the owners settled the litigation and delivered a cashier's check for $150,000.00 to the Labor Commissioner's office with the remaining $40,000.00 to be paid in installments.