Benane v. International Harvester Co.

This is an appeal by 59 employees of respondent, International Harvester Company, from an adverse judgment rendered in their action to recover wages which were deducted from the paycheck of each because of a two-hour absence during regular working hours on November 4, 1952, a general election day.

The action is based upon section 5699 California Elections Code, which on the date in question, read as follows:

“Every voter shall, on the day of every general, direct primary or presidential primary election, at which he is entitled to vote, be entitled to absent himself from any service or…