Clark v. United Emergency Animal Clinic, Inc.

MEMORANDUM *

United Emergency Animal Clinic, Inc. (UEAC) appeals the judgment in favor of Dr. Margaret Saiki and Dr. Lisa Clark on their claims for violation of California Labor Code §§ 510 and 221. 1 Saiki and Clark cross-appeal. 2 We affirm on all issues but Clark’s appeal on attorney’s fees, on which we reverse and remand.

I

The district court did not err in holding that UEAC’s practice of paying an advance that exceeded the required minimum salary was not an implied-in-fact part of its employment agreement with Clark and Saiki. There was no guarantee, as UEAC contends, because its intention to assure that the minimum would be paid was never communicated. That its employees received more than the minimum does not manifest agreement that the minimum would be paid no matter what. Cal. Civ.Code § 1621; see, e.g., Foley v. Interactive Data Corp., 47 Cal.3d 654, 680 , 254 Cal.Rptr. 211 , 765 P.2d 373 (1988); Guz v. Bechtel Nat’l, Inc., 24 Cal.4th 317, 336-37 , 100 Cal.Rptr.2d 352 , 8 P.3d 1089 (2000). The employees’ compensation also depended on the number of shifts worked and gross receipts, which made the amount subject to fluctuation on account of quality or quantity of work…