Choate v. Celite Corp.

Opinion

HOFFSTADT, J. *

An employer in California must immediately pay a terminated employee for all of his “vested vacation time” unless the union representing that employee has negotiated a collective bargaining agreement that “otherwise provide[s].” (Lab. Code, § 227.3; see § 201.) We hold that a collective bargaining agreement “otherwise provide[s]” and thereby abrogates an employee’s statutory right under section 227.3 to immediate payment for vested vacation time only if the agreement clearly and unmistakably waives that right. Because the agreement in this case lacked this clarity,…