PRACHASAISORADEJ v. RALPHS GROCERY CO.

No. S128576.

64 Cal.Rptr.3d 407 (2007)

42 Cal.4th 217

165 P.3d 133

Eddy Korkiat PRACHASAISORADEJ, Plaintiff and Appellant, v. RALPHS GROCERY COMPANY, INC., Defendant and Respondent.

Supreme Court of California.

August 23, 2007.


Attorney(s) appearing for the Case

Kumetz & Click, Law Offices of Stephen Glick, Fred Kumetz, Stephen Glick, Los Angeles; Law Offices of Ian Herzog, Ian Herzog, Santa Monica; Daniels, Fine, Israel & Schonbuch, Paul R. Fine, Scott A. Brooks and Craig S. Momita, Los Angeles, for Plaintiff and Appellant.

Goldstein, Demchak, Bailer, Borgen & Dardarian, Laura L. Ho, Oakland, and Nina Ravin, for Asian Law Caucus, Inc., Asian Pacific American Legal Center, Golden Gate Women's Employment Rights Clinic, La Raza Centro Legal, Inc., The Legal Aid Society-Employment Law Center and Stanford Community Law Clinic as Amici Curiae on behalf of Plaintiff and Appellant.

Evan D. Marshall, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Thelen Reid & Priest, Thomas E. Hill, Los Angeles, Robert Spagat, San Francisco; Horvitz & Levy, Barry R. Levy and Daniel J. Gonzalez, Encino, for Defendant and Respondent.

Gibson, Dunn & Crutcher, Deborah J. Clarke, Elisabeth C. Watson, Los Angeles, and Lisa A Barr, for Employers Group and California Employment Law Council as Amici Curiae on behalf of Defendant and Respondent.

Littler Medelson, J. Kevin Lilly, Diane Kimberlin and James E. Hart, Irvine, for California Grocers Association as Amicus Curiae on behalf of Defendant and Respondent.


BAXTER, J.

We confront a significant question of California wage law. Defendant Ralphs Grocery Company, Inc. (Ralphs), a supermarket chain, implemented a written incentive compensation plan (ICP or Plan) whereby certain employees of each store were eligible to receive, over and above their regular wages, supplementary sums based upon how the store's actual Plan-defined profits, if any, for specified periods compared with preset profitability targets. For both target...

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