Sequeira

A management employee claims he is entitled to payment for all the unused vacation time he accumulated over the 12 years he was employed by a company. He also claims he is entitled to compensatory pay for extensive “overtime” hours he alleges he worked for the firm.

Alvaro Sequeira. appeals from the judgment of the trial court awarding him part of his claim for compensation in lieu of vacation time and denying entirely his claim for payment of overtime from respondent, Rincon-Vitova Insectaries, Inc. (Rincon), his former employer.

We hold that the four-year statute of limitations provided by Code of Civil Procedure section 337 applies to Sequeira’s claim for payment for unused vacation time. [[/]] We affirm.

Facts

In 1980, Rincon hired Sequeira as an entomologist under a written employment contract. The contract entitled Sequeira to take an annual paid vacation of 10 working days which he could accumulate during the term of the contract until he designated and took the time off. By 1986, Sequeira became Rincon’s production manager and a member of its board of directors. In December 1992, Rincon eliminated Sequeira’s position. Sequeira filed an application with the…