Labor Code §227.3 is applicable when an employer policy provides
for paid vacations, the policy had an implied cap, and the employer failed to
set out its purported unlimited vacation policy—or any limitations it imposed
on earning vacation wages—in a clear, express writing; this does not mean
§227.3 necessarily applies to truly unlimited time off policies; §227.3 does
not apply to work performed outside of the state, or where a nonresident, exempt
employee of a non-California employer has periodically performed work within
California, has received no California wages, and has paid no California income
taxes on any wages earned.
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