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Archive for the ‘Vacation’ Category

Collective Bargaining Exception to California Labor Code Section 227.3 (Right to Immediate Vacation Time Payment Upon Termination) Requires Clear and Unmistakable Waiver

In Labor Code Section 203, Labor Code Section 227.3, Termination Pay (Labor Code section 201), Vacation, Waiting Time Penalties on May 2, 2013 at 4:11 pm
Collective Bargaining Bill Signing

Collective Bargaining Bill Signing (Photo credit: Office of Governor Patrick)

The Second District today issued its ruling in Choate v. Celite Corporation, No. B239160, __ Cal. App. 4th __ (2d Dist. May 2, 2013).  The case involved Labor Code section 227.3, which provides for full payment of vested vacation time upon termination:

Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy shall not provide for forfeiture of vested vacation time upon termination. . . .

(Emphasis supplied.)

The court rejected an implied waiver standard and held that for the collective bargaining agreement exception to apply, the CBA must clearly and unmistakably waive the right to immediate payment: Read the rest of this entry »

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Sixth District Holds Reverses Summary Judgment on Question of Whether Leave Policy Was Sabbatical or Regular Vacation

In Class Actions, Vacation on August 15, 2011 at 6:50 am
Lazzy Feet on a Blue Ocean Beach vacation

Image by epSos.de via Flickr

California’s Sixth District Court of Appeal held that a genuine issue of material fact existed as to whether eight-week leave was a sabbatical or regular vacation precluded summary judgment in former employee’s class action against the former employer.  Paton v. Advanced Micro Devices, — Cal. Rptr. 3d —-, 2011 WL 3369346, No. H034618 (6th Dist. Aug. 5, 2011).

Background

Plaintiff Eric Paton sued defendant Advanced Micro Divices, Inc. on behalf of himself and a class of others, alleging that Defendant had failed to pay him for an eight-week sabbatical he earned but had not used when he retired. Id. *1 Salaried employees who served for seven years were eligible for an eight-week fully paid sabbatical.  Id. Plaintiff argued that the sabbatical was extra vacation and, pursuant to Labor Code section 227.3, the employer could not require an employee to forfeit vacation pay.  Id.  Plaintiff cited Suastez v. Plastic Dress-Up Co., 31 Cal. 3d 774 (1982), to support his claim that the sabbatical had vested over the seven years he had worked for defendant and he was entitled to the pay when he resigned.  Id.   Read the rest of this entry »

Class Certification Granted in Vacation, Uniform, Paycheck, Wage and Contract Class Action

In 23(b)(3) Class, Class Actions, Contract, Paystub, Uniform, Vacation, Wages on September 24, 2010 at 2:20 pm
New Orleans, LA, September 6, 2008 -- FEMA Com...
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The Southern District of California granted class certification in a vacation, uniform, paycheck, wage and contract class action.  Lopez v. G.A.T. Airline Ground Support, Inc., No. 09cv2268-IEG(BGS), 2010 WL 3633177 (S.D. Cal. Sept. 13, 2010) (slip op.).

Background

Former employees of Defendant G.A.T. Airline Ground Support, Inc. (“GAT”) sued for systematic wage and hour violations in violation of federal and state law. Id. *1.  GAT provides services to airlines, including ground transportation, aircraft maintenance, and cargo operations management.  Id. The four named Plaintiffs are former ramp agents employed by GAT in California.  Id. Read the rest of this entry »