Soto

Soto v. Motel 6 Operating, L.P.

Good Law
2016 Cal. App. LEXIS 880·208 Cal. Rptr. 3d 618·4 Cal. App. 5th 385·26 Wage & Hour Cas.2d (BNA) 1839
Court of Appeal of CaliforniaOctober 20, 2016D069403California2,865 words

Opinion

Opinion

Haller, J.

Lidia Soto sued her former employer, Motel 6 Operating, L.P. (Motel), alleging Motel violated Labor Code section 226, subdivision (a) by failing to include the monetary amount of accrued vacation pay in its employees’ wage statements. Soto filed the action in her individual capacity and on behalf of all aggrieved workers under the Labor Code Private Attorneys General Act of 2004 (PAGA) (§ 2698 et seq.).

The court sustained Motel’s demurrer without leave to amend. We affirm. Section 226, subdivision (a) does not require employers to include the monetary value of accrued paid vacation time in employee wage statements unless and until a payment is due at the termination of the employment relationship.

FACTUAL AND PROCEDURAL SUMMARY

Soto worked for Motel from June 2012 through January 2015. In May 2015, Soto brought a representative PAGA action alleging a single cause of action under section 226, subdivision (a). Soto alleged Motel violated section 226, subdivision (a) by failing to provide its California nonexempt employees with wage statements setting forth “all vacation and PTO (paid time of!) wages accrued during the applicable pay period.” Soto sought statutory…

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