Berardi
Berardi v. General Motors Corp.
Opinion
Lead Opinion
Reese, J.
On or about April 29, 1980, plaintiff filed a claim with the Division of Labor Standard Enforcement, State of California, for vacation pay earned and unpaid at the time of his separation by General Motors Corporation (General Motors). A hearing was conducted before the Labor Commissioner pursuant to Labor Code section 98 et seq.
On April 2, 1981, the Labor Commissioner awarded plaintiff his 1979 vacation pay (minus 1 day taken) and denied his claim for 1980 vacation pay. The *Supp.9 total award was $2,968.22 plus interest of 7 percent per annum from date of entry of judgment, plus any other costs pursuant to Labor Code sections 101.5 and 102.
On April 16, 1981, General Motors filed a notice of appeal from the order, decision or award of the Labor Commissioner with the Los Angeles Municipal Court. Thereafter, on February 5, 1982, a trial de novo was held pursuant to Labor Code section 98.2, subdivision (a) before the Honorable Harold J. Sinclair. On February 8, 1982, the court rendered judgment on General Motors’ behalf, holding that plaintiff claimant take nothing from General Motors. From this judgment, plaintiff timely appeals.