Just a few days ago, the Fourth District Court issued an opinion holding that 226.7 penalties were "wages." Now, today, the Second District has held the opposite.
This case makes no reference to the recent National Steel and Shipbuilding case.
For those of you unsure about rules of stare decisis in California, they are different in theory, if not in practice, than federal courts. Just because a Superior Court feeds into a District Court of Appeal, that court is not bound by the decision of its particular District. So just because you're in the Fourth or Second district doesn't matter in the way that it does if you're in the District of Nevada and there's a split of opinion between the Ninth and First Circuits in the federal system.
You can find all of this in Witkin. Of course, there's at least something to be said persuasively to the judge that he might get reversed if it goes to her particular higher court.
The Supreme Court will be resolving this.
just to the teme
Posted by: dimon | February 23, 2006 at 10:52 AM