Ressler v. Jones Motor Co., Inc.

JOHNSON, Judge:

Appellants Ressler and Hertwig brought suit on behalf of themselves and a class of non-union employees of appellee Jones Motor Company’s now defunct General Commodities Division (“GCD”), seeking recovery of sums withheld from their wages as “contributions” to an Earnings Participation Plan (“EPP” or “Plan”). The Plan placed salaries on a sliding scale varying as a function of the employer’s profit or loss ratio, and was instituted by Jones Motor during a period of significant financial hardship. The trial court found no violation of the Commonwealth’s Wage Payment and…