McPherson v. EF Intercultural Foundation, Inc.
Annotate this CaseEF appealed from the trial court's judgment awarding vacation wages to three of EF's former exempt employees. In the published portion of the opinion, the Court of Appeal held that Labor Code section 227.3 applies to EF's purported "unlimited" paid time off policy based on the particular facts of this case. In this case, EF never told its employees that they had unlimited paid vacation; EF had no written policy or agreement to that effect, nor did its employee handbook cover these plaintiffs; and plaintiffs took less vacation than many of EF's other managers and exempt employees covered by the handbook, whose accrued vacation vested as they worked for EF month after month.
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