I work for a CA company that has recently been sold. The new owner wants to keep all employees. Can my accrued & earned vacation be transferred over to the new company? or will the old company have to pay out all earned & accrued vacation to the employee directly on the last day?

Thank you.

My understanding, having gone through it from both sides of the desk in a state that's almost as strict about vacation payout as CA (no state is as strict about vacation payout as CA, but mine comes close) is that one or the other will have to happen, but which one will depend on the terms of sale.

You can't lose the time in your state (or mine). But whether it will transfer or be paid out will depend on factors we don't have the information to access.

In California, an obligor (the employer who owes the wages or benefits) may not substitute another obligor (the buyer) in his or her place without the express written consent of the obligee (the employee).

What ? So you are saying that if a business buys a company, the employees need written consent to stay with the new company?

No, that's NOT what I'm saying.

Can my accrued & earned vacation be transferred over to the new company?
Yes, with your written permission.(consent)

Will the old company have to pay out all earned & accrued vacation to the employee directly on the last day?
Yes, unless you give written permission. (it is treated like a termination, for final pay)