Rhea v. General Atomics, 227 Cal. App. 4th 1560 (2014)
Lori Rhea is an exempt employee of General Atomics who receives a salary and accrues comprehensive annual leave (“Annual Leave”) that can be used by employees to take paid time off for any reason, including vacation, sickness, medical appointments, family obligations and leisure pursuits. The amount of Annual Leave that accrues depends on…
Sciborski v. Pacific Bell Directory, 205 Cal. App. 4th 1152 (2012)
Annie Sciborski sued her former employer, Pacific Bell Directory, after it deducted approximately $19,000 from her wages to recover a $36,000 sales commission that had been paid to her. After a three-day trial, the jury found Pacific Bell’s wage deductions violated the Labor Code and resulted in Sciborski’s constructive discharge in violation of…
In an opinion letter issued on November 25, 2008, the DLSE determined that an employer may make deductions from wages to reflect predictable and expected wage overpayments made in the immediately prior paycheck so long as the employer has obtained the employee’s voluntary, written authorization to do so. See http://www.dir.ca.gov/dlse/OpinionLetters-byDate.htm.
Ralphs Grocery Co. v. Superior Court, 112 Cal. App. 4th 1090 (2003)
David Swanson, a former store manager at a Ralphs grocery store, filed a class action against Ralphs for alleged violations of the California Labor Code and the Unfair Competition Law (Business and Professions Code Section 17200). Swanson alleged that Ralphs had violated the law by making unlawful deductions from its employees’ bonuses…
Adams v. Pacific Bell Directory, 111 Cal. App. 4th 93 (2003)
Forty-two employees of Pacific Bell Directory (all of whom were members of the International Brotherhood of Electrical Workers) filed a lawsuit alleging that the company’s practice of debiting employees’ commissions was unlawful under Labor Code Section 221 and Business and Professions Code Section 17200. The employer promptly removed the action to federal court…
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