Vance v. Quikrete California, LLC CA3
Plaintiff Curtis Vance prevailed in an administrative proceeding before the Labor Commissioner on claims for unpaid wages. Defendant Quikrete California, LLC (Quikrete), sought de novo review in the superior court. (Lab. Code, § 98.2.) At the conclusion of Vance’s case, Quikrete moved for judgment pursuant to Code of Civil Procedure section 631.8. The trial court concluded that Quikrete had demonstrated that it had complied with newly enacted section 226.2, which barred Vance from seeking compensation for “nonproductive” time or various penalties for the unpaid wages, and his remaining claims suffered from a failure of proof. Vance appeals. We must reverse the judgment and remand for proof that Quikrete has completed its obligation under section 226.2 to compensate all employees retroactively (who are so entitled) in order to claim the benefit of the statute. We accordingly do not reach the remainder of Vance’s issues.
Comments on Vance v. Quikrete California, LLC CA3