Mining Company Secures Win in Collective Bargaining Matter
Represented Celite Corporation in a case that produced the first published appellate court decision that considered when collective bargaining agreements could alter the right of terminated employees to the immediate payment for vested vacation time under Labor Code section 227.3. While the appellate court held that the collective bargaining agreement did not contain a sufficiently clear and unmistakable wavier of this right, the law was not clear and therefore the failure to pay the vested vacation time upon termination was not willful and the employer did not have to pay any penalties or damages as a result. This case is often cited where the issue of willfulness under section 227.3 is litigated (Choate v. Celite Corp., 215 Cal.App.4th 1460).
