![]() ![]() No violation of its own policy had occurred.Īs an employer, if you have questions about vacation pay or other employment issues, seek legal advice from a skilled employment defense attorney. Darden’s company policy did not grant part time workers vacation pay, and it was the company’s right to establish such policy. ![]() ![]() However, the judge ruled that the group did not qualify as a fail-safe class.ĭarden won its partial summary judgment against Clark’s allegation of unpaid vacation benefits for part-time workers. The litigants sought to establish the case as a class action lawsuit. Clark argued that denying part-time employees the equal right to vacation pay was unfair. ![]() Clark alleged that Darden failed to pay the vacation pay owed her after June 1, 2008. In the recent case, McCaster alleged that Darden failed to pay him his accrued vacation pay when he left his job at the Red Lobster. After June 1, 2008, only full time employees were eligible for vacation pay. Prior to 2008, all employees were eligible for vacation pay. When an employee left the restaurant, Darden included accrued vacation pay (pro rata) in the final check. When full-time employees reached the anniversary of their hiring date, Darden paid them an “anniversary payment, which functioned as a paid vacation for employees. Popular brand name restaurants operated by Darden Restaurants include Olive Garden, Red Lobster and Longhorn Steakhouse. Court of Appeals for the Seventh Circuit rendered a decision that favored employers in the case DEMIKO MCCASTER and JENNIFER CLARK, Plaintiffs-Appellants, v. Darden RestaurantsĪ recent case heard by the U.S. Vacation Pay Issues in McCaster, Clark v. Sometimes issues arise as to whether employees are being treated fairly when receiving their vacation pay. Many business owners offer vacation pay as a job benefit. ![]()
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