California Court of Appeal

A collective bargaining agreement "otherwise provides" and thereby abrogates an employee's statutory right under Labor Code section 227.3 to immediate payment for vested vacation time only if the agreement clearly and unmistakably waives that right, and because the agreement in this case lacked this clarity, defendant was required to immediately pay terminated employees for all their vested vacation time, but the trial court's judgment imposing waiting time penalties is reversed because defendant nonpayment was not "willful."

Appellate Information

• Decided 05/02/2013
• Published 05/02/2013

Judges

• HOFFSTADT

Court

• California Court of Appeal

Counsel