Roseland v. Strategic Staff Management, Inc.

708 N.W.2d 841, 14 Neb. Ct. App. 434, 2006 Neb. App. LEXIS 6
CourtNebraska Court of Appeals
DecidedJanuary 24, 2006
DocketA-04-627
StatusPublished
Cited by4 cases

This text of 708 N.W.2d 841 (Roseland v. Strategic Staff Management, Inc.) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roseland v. Strategic Staff Management, Inc., 708 N.W.2d 841, 14 Neb. Ct. App. 434, 2006 Neb. App. LEXIS 6 (Neb. Ct. App. 2006).

Opinions

Moore, Judge.

INTRODUCTION

Strategic Staff Management, Inc. (Strategic), appeals the decision of the Douglas County District Court finding that Mike Roseland, Tim Brotzki, Tom Lentz, and Loyce Meister (formerly known as Loyce Farnan), hereinafter referred to collectively as “the appellees,” were entitled to be compensated for accrued but unused vacation time in the amount of $8,788.29 plus attorney fees of $2,197.07. The appellees have cross-appealed, contending that the district court erred in denying their request for attorney fees in excess of the statutory minimum and in denying their request for an additional recovery of one to two times the amount of unpaid wages to be placed in a fund to be distributed to the common schools of Nebraska.

STATEMENT OF FACTS

Strategic is a Nebraska corporation engaged in leasing em - ployees. The appellees have all been employees of Strategic as follows: Roseland was president, Lentz was vice president, [435]*435Brotzki was director of client services, and Meister was a marketing assistant.

In May 1998, Roseland, Brotzki, and Lentz each voluntarily submitted a notice of resignation of employment with Strategic. In July, Meister voluntarily submitted her notice of resignation of employment with Strategic. At the time of the voluntary resignations, the appellees had the following weeks of accrued vacation time: Roseland and Brotzki each had 3 weeks, Lentz had 1 week, and Meister had 2 weeks. Strategic did not pay the appellees for their accrued vacation time. In March 2000, the appellees each sent letters demanding payment for their unused vacation time, which Strategic has refused to pay.

On April 21, 2000, the appellees filed a lawsuit seeking judgment against Strategic in the amount of $8,788.29 under the Nebraska Wage Payment and Collection Act, Neb. Rev. Stat. §§ 48-1228 to 48-1232 (Reissue 2004). They also sought an award of all costs, reasonable attorney fees of not less than 25 percent of unpaid wages, an additional recovery of one to two times the amount of unpaid wages to be placed in a fund to be distributed to the common schools of Nebraska, and such other further relief as the court deemed just and proper.

On the day of trial, the parties agreed to submit the matter to the court upon the following stipulated facts: At the time of the resignations, each party had accrued vacation time, and each party’s salary or rate of pay was accurately listed in the petition. Roseland was requesting 3 weeks of accrued vacation pay valued at $4,038.45, Brotzki was requesting 3 weeks of accrued vacation pay valued at $2,307.69, Lentz was requesting 1 week of accrued vacation pay valued at $1,346.15, and Meister was requesting 2 weeks of accrued vacation pay valued at $1,096.

Additionally, various exhibits were received into evidence. Exhibits established that Strategic’s employee handbook provides that for regular full-time employees, “[t]he amount of paid vacation time employees receive each year increases with the length of their employment.” After 1 year of continuous service, employees are eligible for 1 week of paid vacation. After 2 years of continuous service, employees are eligible for 2 weeks of paid vacation. After 5 years of continuous service, employees are eligible for 3 weeks of paid vacation. According to Strategic’s [436]*436employee handbook, “[y]our year of service begins on your hire date; i.e. if you began employment on April 15, you would be eligible for one week of vacation on April 15 of the following year, etc.”

Exhibits established that the benefit modification policies and procedures incorporated into Strategic’s employee handbook as of November 1, 1997, provided: “In the event that available vacation is not used by the end of the benefit year, it will not be carried over. Upon termination, employees will not be paid for unused vacation time.” (Emphasis in original.) A revision made in April 1998 states: “Accrued but unused vacation will not be carried over from year to year. Upon resignation or termination, employees will not be paid for vacation time available.” (Emphasis in original.) It is undisputed that with regard to vacation pay, the exhibits set forth the policies in force at the time of resignation. Strategic’s employee handbook also states: “In the event any statement or policy in this handbook conflicts with state or federal laws, it shall be deemed automatically amended to comply with all such state or federal laws.”

Also admitted into evidence was an affidavit from the appellees’ counsel setting forth that attorney fees and costs through September 30, 2003, were $7,323.87. The affidavit further set forth:

This simple wage and hour matter has been unusually time consuming and costly in that [Strategic’s] actions in this litigation appeared to serve the sole purpose of requiring counsel for the [appellees] to expend additional time and efforts to pursue this litigation which were unreasonable in light of the amount of damages sought to be recovered.

On November 19,2003, the district court filed an order holding that Strategic’s “policy of refusing to pay an employee for unused vacation time directly conflicts with state law and is, therefore, void.” Thus, the court awarded the appellees the total amount of $8,788.29 requested for unused vacation time. Additionally, the court determined that because the appellees employed an attorney, they are entitled to attorney fees worth not less than 25 percent of the unpaid wages, or $2,197.07. Further, the court found that there was a reasonable dispute as to the fact that the wages were owed, and thus, the court declined to order Strategic to pay to the [437]*437common schools fund an amount equal to the judgment. Finally, the court did not find that Strategic’s conduct was willful and therefore declined to order Strategic to pay to the school fund an amount double the unpaid wages. Strategic has timely appealed to this court, and the appellees have filed a cross-appeal.

ASSIGNMENTS OF ERROR

On appeal, Strategic contends the district court erred in determining that contrary to Strategic’s employee handbook, pay for accrued but unused vacation time can be collected upon a voluntary resignation. In Strategic’s brief, it also argues that it is entitled to a credit for the 2 weeks’ wages paid to the appellees at the time of their resignations and for which they performed no services for Strategic. However, this was not assigned as an error. To be considered by an appellate court, an alleged error must be both specifically assigned and specifically argued in the brief of the party asserting the error. Semler v. Sears, Roebuck & Co., 268 Neb. 857, 689 N.W.2d 327 (2004); Scurlocke v. Hansen, 268 Neb. 548, 684 N.W.2d 565 (2004). Therefore, we refuse to further consider this issue.

On cross-appeal, the appellees contend that the district court erred in denying their request for attorney fees in excess of the statutory minimum and in denying their request for an additional recovery of one to two times the amount of unpaid wages to be placed in a fund to be distributed to the common schools of Nebraska.

STANDARD OF REVIEW

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roseland v. Strategic Staff Management, Inc.
722 N.W.2d 499 (Nebraska Supreme Court, 2006)
Sanford v. Clear Channel Broadcasting, Inc.
719 N.W.2d 312 (Nebraska Court of Appeals, 2006)
Roseland v. Strategic Staff Management, Inc.
708 N.W.2d 841 (Nebraska Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
708 N.W.2d 841, 14 Neb. Ct. App. 434, 2006 Neb. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roseland-v-strategic-staff-management-inc-nebctapp-2006.