NEW CALIFORNIA SUPREME COURT DECISION ON EMPLOYEE COMPENSATION

In Prachasaisoradej v. Ralphs Grocery Company (S128576) (click here to read the opinion filed August 23, 2007), the Supreme Court has upheld a profit-based incentive employee bonus plan under the California labor laws. The plan at issue promised grocery store employees a bonus, the amount of which would be determined based on a comparison of overall store profitability to a profitability target set by the employer. Depending on how much overall store profitability lagged behind or exceeded the target, the employee's bonus could range from nothing to 150 percent of a "target bonus," which was defined as a fixed percentage of the employee's regular wages.

The plaintiff argued the bonus plan violated the labor laws insofar as the determination of overall store profit took into account costs of workers' compensation and cash and merchandise shortages. The plaintiff claimed this amounted to the unlawful recovery of business expenses out of an employee's wages.

In a majority opinion joined by three other justices, Justice Baxter held the employees had no expectation of ascertainable compensation amounting to a wage until store profit was calculated by deducting store expenses from store sales. Taking costs of workers' compensation and cash and merchandise shortages into account to determine store profit could not, therefore, be a deduction from the employee's wage. Once profit was determined, the employees received the bonus they had a right to expect, calculated according to the formula in the plan.

Horvitz & Levy LLP represented Ralphs Grocery Company. For additional information about this case, please contact Daniel Gonzalez at (818) 995-0800 or dgonzalez@horvitzlevy.com.

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