Mora

Mora v. Webcor Constr., L.P.

Good Law
20 Cal. App. 5th 211·228 Cal. Rptr. 3d 813
Court of Appeal of CaliforniaFebruary 5, 2018A148264California4,925 words

Opinion

lead Opinion

Simons, J.

*214 California Labor Code section 226, subdivision (a) ( Section 226(a) ), 1 requires employers to provide employees wage statements itemizing, among other things, all wages earned, including the hours worked and applicable rates of pay. Plaintiff and appellant Steven Mora (appellant) contends defendant and respondent Webcor Construction, L.P. (respondent) violated Section 226(a) by failing to list the hours and hourly rate associated with a payment described as "Union Vacation" on his wage statements. It is undisputed the amounts were payments to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (LMRA), also known as the Taft-Hartley Act ( 29 U.S.C. § 141 et seq. ). The trial court sustained respondent's demurrer without leave to amend and we affirm, concluding the payments are not within the scope of Section 226(a).

*215 BACKGROUND

In July 2015, appellant filed this putative class action in Alameda County Superior Court and, in February 2016, appellant filed a First Amended Complaint (FAC). The FAC alleges violations of Section 226(a) and seeks penalties under the Private Attorneys General Act of 2004 (PAGA) (§ 2698 et seq.). The FAC seeks…

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