The UCL Practitioner
Thursday, December 16, 2004
Review granted in UCL case: Prachasaisoradej v. Ralphs Grocery
Yesterday, the Supreme Court granted review in Prachasaisoradej v. Ralphs Grocery Co., 122 Cal.App.4th 29 (2004), in which the plaintiff, a produce manager at Ralphs, alleged that his employer deducted certain expenses from his bonus checks in violation of the Labor Code. His UCL "unlawful" prong claim was predicated on those alleged violations. The Court of Appeal held that the claim was not preempted and that the defendant's demurrer was improperly sustained. The Supreme Court's order reads:
The issue to be briefed and argued is limited to the following: Does an employee bonus plan based on a profit figure that is reduced by a store's expenses, including the cost of workers compensation insurance and cash and inventory losses, violate (a) Business and Professions Code section 17200, (b) Labor Code sections 221, 400 through 410, or 3751, or (c) California Code of Regulations, title 8, section 11070?
My original post on the Prachasaisoradej decision is here.
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