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AICHER v. EARLINGTON PARK, INC.

00-11-11564; A116791.

79 P.3d 391 (2003)

190 Or. App. 466

Marcia L. AICHER, Heather M. Ancich, Annette R. Beguhl, Coletta Maria Brands, Marcia D. Brynelson, Teresa Marie Cousins, Jim L. Cox, Dan R. Drake, Vickie L. Forrester, David Allen Johnston, David M. Jenson, Scott P. Lawson, Diane M. McCoy, Kim A. McKinney, Jennifer A. Meisner, Terry J. Parsons, Karen A. Roberts, Theresa M. Rosenhall, Larry B. Shaffer, and Linda Zurfluh, Appellants, v. EARLINGTON PARK, INC., fka Johnson-Lieber, Inc.; and Johnson-Lieber, Inc., Respondents.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

William E. Gaar, Lake Oswego, argued the cause and filed the briefs for appellants. With him on the reply brief was Buckley Le Chevallier, P.C.

Janine C. Blatt argued the cause for respondents. With her on the brief were Jeffrey J. Druckman and Druckman & Associates, P.C.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

ARMSTRONG, J.

Plaintiffs filed an action against their former employer, Earlington Park, Inc. (EPI), alleging that EPI was liable to them under ORS 652.140 and 652.150 for vacation wages and penalties because EPI's successor and their new employer, Marketing Specialist Sales Company (MSSC), did not give them credit for their EPI vacation wages on the first day of their MSSC employment.1 EPI moved for summary judgment on plaintiffs' claim...

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