California Court of Appeal

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McCarther v. Pac. Telesis Group, A115223

In an action wherein plaintiff alleged that employer-defendants violated Labor Code section 233 by failing to make "sickness absence" payments pursuant to provisions of a collective bargaining agreement for leave taken to attend to family member illnesses, judgment for employer is reversed where, based on the plain meaning of statutory language, legislative history, and the reasonableness of proposed constructions, the requirements of section 233 extend to the "sickness absence" policy.

Appellate Information

  • Decided 05/23/2008
  • Published 05/23/2008




  • California Court of Appeal


  • For Appellant:
  • Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Alameda, for Plaintiffs and Appellants, Kimberly McCarther and Juan Huerta.

  • For Appellees:
  • Paul, Hastings, Janofsky & Walker, J. Al Latham, Jr., Los Angeles, Thomas E. Geidt, San Francisco, Laura N. Monfredini, for Defendants and Respondents, Pacific Telesis Group, Pacific Bell Telephone Co., Advanced Solutions, Inc., Southwestern Bell Video Services, Inc., Pacific Bell Information Services, SBC Services, Inc. and SBC Telecom, Inc.
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