California law prohibits “use it or lose it” vacation policies and, under Section 227.3 of the California Labor Code, requires all accrued vacation to be paid on termination of employment, “unless otherwise provided by a collective bargaining agreement.” Examining the meaning of the collective bargaining exception for the first time, the California Court of Appeal ruled that the employer was liable for unpaid pro rata vacation because the union agreement did not “clearly and unmistakably waive” the employees’ rights under Section 227.3. Choate v. Celite Corp., No. B239160 (Cal. Ct. App. May 2, 2013). However, the Court reversed the judgment imposing waiting time penalties against the employer because the employer did not act willfully in its vacation payment practices.  For more on Choate, click here .

 

Photo of Mitchell F. Boomer Mitchell F. Boomer

Mitchell F. Boomer is the office managing principal in the Austin, Texas, office and a principal in the San Francisco, California, office of Jackson Lewis P.C. Since joining the firm in 1992, he has represented employers in all areas of employment litigation, including…

Mitchell F. Boomer is the office managing principal in the Austin, Texas, office and a principal in the San Francisco, California, office of Jackson Lewis P.C. Since joining the firm in 1992, he has represented employers in all areas of employment litigation, including wrongful termination, employment discrimination, retaliation, whistleblower, trade secret and unfair competition cases in federal and state courts in California, Washington and Nevada.

Mitch regularly advises clients on employee discipline, layoffs, reductions in force, human resource policies, leave management and disability matters. Mitch frequently addresses private industry groups on a variety of employment topics, including sexual harassment in the workplace, unfair competition, workplace violence, wage and hour law, preventive employee relations, disability and leave management, and current developments in federal and state labor and employment law.