FRESNO COUNTY, Calif. (FOX26) — A barbecue restaurant in Fresno is under fire after employees claim they were not paid for their work.
Horn Barbecue opened its Fresno location just two months ago.
The restaurant also operates, or has operated, locations in the Bay Area and Sacramento, where similar issues have been reported.
According to a California Department of Labor document, one employee at the Oakland location was promised $25 an hour but was never paid, despite working 47 hours over six days.
In Fresno, a former employee said they quit just days ago due to ongoing delays in pay.
Santino Capps, a sophomore at Fresno State University, said he was excited to start his first job at Horn Barbecue.
“I’m going to be able to get my own money. I’m going to be able to pay for my own things. I’m going to be able to put money toward college.”
But when it came time to receive his first paycheck, there was a problem.
“It bounced. I was like, okay, they’re getting things going, it happens,” Capps said. “So I went up to them and told them, ‘Hey, this bounced,’ and then they gave me the money in cash.”
Capps said the issue didn’t happen just once.
“Three out of my four checks did end up bouncing on me, and I got tired of having to go out of my way.”
He said he exchanged multiple messages with a manager in an attempt to get paid.
“They never gave me a proper explanation. From what I’ve seen through my Chase statements, it’s telling me that they had insufficient funds,” Capps said.
According to the California Department of Industrial Relations, Capps is not alone.
Horn Barbecue has had 11 claims filed against it across its Oakland, Sacramento, and Fresno locations.
The first dates back to 2022 in Oakland, and the most recent was filed March 9th of this year in Fresno.
At the restaurant’s Fresno grand opening in January, owner Matt Horn said:
“We don’t want to just come and bring a business to town. We want to bring a restaurant that’s going to serve the community.”
While the restaurant continues serving customers, Capps said employees are still struggling to receive their pay.
A trial attorney and legal analyst says failing to pay employees can lead to serious consequences.
“It sounds like they’ve bounced payroll checks, and employees are quitting, understandably, because of it,” said attorney Roger Bonakdar. “That’s clearly a civil violation, and there are going to be substantial penalties, including waiting time penalties and failure-to-pay penalties.”
In a statement from Seneca Scott, a Spokesperson for Cheff Horn it says:
Horn Barbecue says: Horn Barbecue is an independent business operating in a challenging and volatile industry. While those conditions are real, they are not an excuse—they are a reality we are actively managing. Over the past year, we have taken deliberate steps to strengthen our foundation, including implementing a focused stabilization plan centered on disciplined cost control, centralized production, and improved cash flow management. These efforts are ongoing and designed to ensure long-term sustainability. The business remains open and continues to serve guests daily. We also want to be clear: we categorically reject claims that we do not pay our employees. We value our team and are committed to meeting our obligations in a responsible and structured manner. Our focus remains on execution, accountability, and building a stronger, more resilient company for the future.
The attorney also advised that employees who have not been paid, whether they have quit or are still working, should file a claim with the Department of Labor as soon as possible.
According to Yelp, one Bay Area location and the Sacramento location are temporarily closed.
Calls to those locations were unsuccessful, as the numbers were out of service.