Q: My former employer will not pay out my PTO and will not respond to my emails, what do I do?

A: I'm sorry to hear about the difficulties you're facing in getting your PTO paid out by your former employer. This sounds like a complex situation, especially given the tribal ownership of the brewery. Here are some steps you can consider taking:

1. Document everything: Make sure you have a record of all communication with your former employer, including emails and any written promises about PTO payout. Keep track of the dates when you expected to receive payment.

2. Contact the California Labor Commissioner's Office: File a wage claim with the California Department of Industrial Relations. They can assist you in recovering your unpaid PTO and potentially the waiting time penalties. You can file a claim online, by mail, or in person at a local labor commissioner's office.

3. Consult with an employment attorney: Given the complexities around tribal ownership and jurisdiction, it may be beneficial to consult with an attorney who specializes in employment law and has experience with cases involving Native American tribes. They can advise you on your rights and the best course of action.

4. Consider collective action: Since your co-workers are facing the same issue, you may want to consider approaching the labor commissioner's office or an attorney together, as there may be strength in numbers.

5. Be persistent and patient: Unfortunately, these processes can take time. Continue following up with the labor commissioner's office and your attorney, if you choose to hire one.

Remember, even if the company claims they don't have to follow state laws, they may still be subject to federal labor laws. An experienced employment attorney can help you navigate this situation and understand your rights.

A: Generally, Indian tribes in California operate within the sovereign jurisdiction of the tribe and not the state or federal laws. A statement in a handbook is not binding on the tribe if it is incorrect. Therefore more is going to need to be known to determine if the tribe is subject to California Labor Code laws.

If the California Labor Code applies to your situation, you can address the issue with the California Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office.

If the California Labor Code does not apply the federal law will not help you to the extent you hope. The federal wage and hour laws, known as the FLSA, does not have a waiting time penalty provision that would give you the additional 30 day penalty provision.

Your best approach would be to find an attorney who is familiar with the employment laws applicable to this particular Indian tribe.

Good luck to you.