Legal Opinion

Owen v. MacY's, Inc.

California Court of Appeal

Decided June 29, 2009No. B207719PublishedCited by 8 opinions

1Opinion of the Court

Opinion

BOREN, P. J.

An employer is entitled to adopt a policy specifying “the amount of vacation pay an employee is entitled to be paid as wages,” depending on length of service. (Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 783 [183 Cal.Rptr. 846, 647 P.2d 122] (Suastez).) The law permits an employer to offer new employees no vacation time: If an express written company policy forewarns new employees that their compensation package does not include paid vacation during their initial employment, then no vacation pay is earned and none is vested. When such a policy is in place, as it…

2Cases cited10 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Kern v. City of Long BeachCalifornia Supreme Court · 1947
  3. Kahn v. East Side Union High School DistrictCalifornia Supreme Court · 2003
  4. Miller v. State of CaliforniaCalifornia Supreme Court · 1977
  5. Suastez v. Plastic Dress-Up Co.California Supreme Court · 1982

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3Cited by8 opinions

  1. Bell v. H.F. Cox, Inc.California Court of Appeal · 2012
  2. Minnick v. Auto. Creations, Inc., California Court of Appeal, 5th District2017
  3. Paton v. Advanced Micro Devices, Inc.California Court of Appeal · 2011
  4. Rhea v. General AtomicsCalifornia Court of Appeal · 2014
  5. Jacob v. CSL Plasma Inc.District Court, S.D. California · 2024

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