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CALIFORNIA HOSP. ASS'N v. HENNING

Nos. 83-6381, 83-6416.

770 F.2d 856 (1985)

CALIFORNIA HOSPITAL ASSOCIATION, California Restaurant Association, California Manufacturers Association, California Chamber of Commerce, Merchants & Manufacturers Association, and California Hotel & Motel Association, Plaintiffs/Appellees/Cross-Appellants, v. Patrick W. HENNING, Labor Commissioner, Department of Industrial Relations, State of California, Defendant/Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1985.

Attorney(s) appearing for the Case

Richard Simmons, Musick, Peeler & Garrett, Los Angeles, Cal., for plaintiffs/appellees/cross-appellants.

John M. Rea, Chief Counsel, Dept. of Indus. Relations, San Francisco, Cal., Allen H. Feldman, Bette J. Briggs, U.S. Dept. of Labor, Washington, D.C., for defendant/appellant/cross-appellee.

Before BROWNING, Chief Judge, ALARCON, Circuit Judge, and SOLOMON, District Judge.

JAMES R. BROWNING, Chief Judge:

Plaintiff trade associations brought this suit on behalf of employer members who have adopted vacation programs for their employees that forbid payment of prorated vacation pay, and forfeit vacation pay of employees not actively employed on specified eligibility dates (e.g., the anniversary of commencing employment). Plaintiffs sued the Labor Commissioner of the Department of Industrial Relations of the State of California seeking...

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