California Employment Law Update

Tag Archives: vacation

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Employee’s PAGA Action Was Not Limited By Sick Pay Statute

Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023) Ana Wood brought a PAGA action against her employer Kaiser for alleged failure to correctly pay for three paid sick days as required under California’s Healthy Workplaces, Healthy Families Act (the “Act”). The Act provided for compensatory relief and civil penalties, but restricted relief … Continue Reading

Claim For Unpaid Vacation Benefits Was Properly Dismissed

Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012) Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of … Continue Reading

Employer Is Permitted To Deny Employees Vacation Benefits That Had Not Yet Vested

Owen v. Macy’s, Inc., 175 Cal. App. 4th 462 (2009)  Lisa Owen worked as a sales associate at Robinsons-May until it was acquired by Macy’s in August 2005. In January 2006, employees at the Arcadia store where Owen worked were informed that the store would close by April. After the store closed on March 18, … Continue Reading

Trial Court Erred In Failing To Certify Broader Wage & Hour Class Action

Bell v. Superior Court, 158 Cal. App. 4th 147 (2007) Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its … Continue Reading

Court Refuses To Apply “Look-Back” Statute Of Limitations To Claim For Unpaid Vacation

Church v. Jamison, 143 Cal. App. 4th 1568 (2006) In this action arising from the alleged malpractice of John Church’s attorney, the trial court granted the attorney’s motion for judgment on the pleadings on the ground that the attorney could not be held liable for legal malpractice because the statute of limitations had not run … Continue Reading

Employer Permitted To Deduct For Partial-Day Absences From Exempt Employees’ Vacation Accruals

Conley v. Pacific Gas & Elec., 131 Cal. App. 4th 260 (2005) Two senior new business representatives and two engineers of PG&E filed this class-action lawsuit, alleging that they and others had been improperly classified as exempt employees under federal and state overtime law. Plaintiffs challenged PG&E’s policy of making deductions from exempt employees’ vacation-leave … Continue Reading

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