Mora v. Webcor Construction, L.P.

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Plaintiff’s purported class action alleged violations of Labor Code Section 226(a) and sought penalties under the Private Attorneys General Act, on behalf of persons employed by Webcor after July 2014. The complaint alleged that plaintiff’s employment with Webcor was subject to a collective bargaining agreement, which sets forth “wages” applicable to different employment classifications and separately requires employers to “pay hourly contributions for each hour paid for and/or worked” to various union trust funds at specified rates, including to the Union Vacation Trust Fund at $2.63 an hour effective June 2014. The amounts were payments to a union vacation trust fund authorized by the Taft–Hartley Act, 29 U.S.C. 141. The complaint alleged that plaintiff was paid a specific hourly rate of vacation pay for each hour worked, but “the applicable rate of pay and hours for such vacation wages were not identified on the wage statements.” Plaintiff argued that vacation payments were part of his wages so that itemization of the hours and rate was required under Section 226(a). The court of appeal affirmed dismissal of the complaint. The payments to the Union Vacation Trust Fund were not “wages” within the meaning of Section 226(a), in part because plaintiff “never had possession or control of these payments, or the right to control them.” View "Mora v. Webcor Construction, L.P." on Justia Law