Soto v. Motel 6 Operating, L.P., 4 Cal. App. 5th 385 (2016)

Lidia Soto sued her former employer, Motel 6 Operating, L.P., for violation of Labor Code § 226(a) for failing to include the monetary value of accrued vacation pay in its employees’ wage statements. Soto sued in her individual capacity and also on behalf of all aggrieved workers under the Private Attorney General Act of 2004 (“PAGA”). The trial court sustained the employer’s demurrer without leave to amend, and the Court of Appeal affirmed, holding that Section 226(a) does not require employers to include the monetary value of accrued vacation time in employee wage statements until and unless a payment is due at the time of the termination of the employment relationship – before that point, accrued but unused vacation time is not a quantifiable amount of wages.