Prudential Insurance v. Fromberg

Plaintiff sought and secured a declaratory judgment that upon termination of defendant’s employment as plaintiff’s agent it was entitled to retain certain sums advanced to defendant under two salary plans referred to in the pleadings as Incentive Salary Plan and Potential Commission Advance Plan respectively. The present appeal is from such judgment, the principal contention being that recovery may not be had under either of the above plans since they violate section 221 of the Labor Code making it “unlawful for any employer to collect or receive from an employee any part of wages theretofore…