In a putative class action against Citigroup by its former employees challenging the company's forfeiture provision of a voluntary employee incentive compensation plan (Plan) upon termination in violation of Labor Code section 201 and 202, judgment of the court of appeals granting Citigroup's motion for summary judgment is affirmed as the company Plan's forfeiture provision does not run afoul of sections 201 or 202 because no earned wages remain unpaid upon termination for cause or resignation.
Appeal from Los Angeles County Super. Ct. No. BC191447
Filed November 2, 2009
Before: George, C. J., Baxter, J., Werdegar, J., Chin, J., McConnell, J., Moreno, J., and Ramirez, J.
Opinion by Moreno, J.
For Appellee: Skadden, Arps, Slate, Meagher & Flom, Raoul D. Kennedy, Joren S. Bass, Joan Shreffler, Douglas B. Adler, Seth M. Schwartz, Jeffrey W. McKenna, William P. Frank, Preeta D. Bansal and Sarah E. McCallum