Kafando v. Erie Ceramic Arts Co.

• Decision Date: 06 December 2000
• Parties: Paul KAFANDO, Appellant, v. ERIE CERAMIC ARTS COMPANY, Appellee.
• Court: Pennsylvania Superior Court

764 A.2d 59

2000 Pa. Super. 377

Paul KAFANDO, Appellant, v. ERIE CERAMIC ARTS COMPANY, Appellee.

Superior Court of Pennsylvania.

Argued October 5, 2000.

Filed December 6, 2000.

Edwin W. Smith, Erie, for appellant.

Richard W. Perhacs, Erie, for appellee.

BEFORE: HUDOCK, MUSMANNO and HESTER, JJ.

HUDOCK, J.:

¶ 1 Paul Kafando (Kafando) appeals from the order that denied his motion for summary judgment and granted the cross-motion for summary judgment filed by his former employer, Erie Ceramic Arts Company (Erie). We affirm.

¶ 2 The facts of this case are not at issue. Kafando was employed in Erie's production department from July 1996 through his discharge in April 1997. As a part of its benefits for all employees, Erie had instituted what it called a gainsharing program and outlined the program in its employee manual. Through this plan, employees could receive bonuses in addition to their regular wages. The gainsharing program is based upon the profitability of the company and generates a pool of funds, which are then periodically distributed to eligible employees, in proportionate shares. Under the terms of the plan, an employee must not only have worked during the period in which profitability was calculated, but also must have been in Erie's employ on the date of distribution of the gainsharing checks in order to participate. Partial service during the calculation period does not entitle an employee to money from the gainsharing program.

¶ 3 While Kafando was employed during the calculation period in question, he was dismissed prior to the gainsharing program's distribution. Accordingly, Erie did not issue Kafando a gainsharing check. Kafando brought an action seeking payment of his portion of the gainsharing program. Following briefing and argument on the cross-motions for summary judgment, the trial court ruled that Kafando was not entitled to any payment under the gainsharing plan, and entered judgment accordingly. This appeal followed.

¶ 4 On appeal, Kafando maintains that the gainsharing benefit constitutes a wage or payment in accordance with the Pennsylvania Wage Payment and Collection Law, 43 P.S. sections 260.1-260.12 (the WPCL), and that he is entitled to payment under the WPCL.

¶ 5 Our standard of review regarding a matter in which the trial court has granted summary judgment is well settled:

In reviewing the grant of summary judgment, we look to whether the trial court committed an error of law.

Summary judgment may be granted only in cases where it is clear and free from doubt that there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law. The moving party has the burden of proving the nonexistence of any genuine issue of material fact. The record must be viewed in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.

The entry of summary judgment is proper where the uncontraverted allegations in the pleadings, depositions, answers to interrogatories, admissions of record, and submitted affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.

Rush v. Philadelphia Newspapers, Inc., 732 A.2d 648, 650-51 (Pa.Super.1999) (internal citations omitted).

¶ 6 Kafando argues that the gainsharing program is a wage under the WPCL. He asserts that, under the terms of the WPCL, Erie could no more refuse him a gainsharing payment based upon the fact that he had been discharged than it could refuse to issue a payroll check to an employee for the hours that employee had worked before discharge.

¶ 7 We begin with a consideration of the purposes and focus of the WPCL, as recently set forth by this Court:

Pennsylvania enacted the WPCL to provide a vehicle for employees to enforce payment of their wages and compensation held by their employers. The underlying purpose of the WPCL is to remove some of the obstacles employees face in litigation by providing them with a statutory remedy when an employer breaches its contractual obligation to pay wages. The WPCL does not create an employee's substantive right to compensation; rather, it only establishes an employee's right to enforce payment of wages and compensation to which an employee is otherwise entitled by the terms of an agreement.

Hartman v. Baker, 766 A.2d 347, 352 (citations and internal quotation marks omitted).

¶ 8 The gainsharing program as set forth in Erie's employee handbook states that a payout is earned in each of ten periods of the fiscal year if the ratio of the total cost of goods to net sales is less than eighty-six percent. The monies in the gainsharing pool of funds accumulate through two calculation periods for each fiscal year, and may be positive or negative amounts during each respective period depending upon this ratio. Any money that remains in the gainsharing pool at the end of one of these calculation periods will be shared equally between Erie employees and the company. Gainsharing is paid to all full-time and part-time regular employees as a percentage of the gross payroll, and will be paid out between thirty and seventy-five days after the end of the relevant calculation period. Pertinent to our discussion is paragraph ten of the employee handbook, which contains a description of the program as follows:

10. An employee must be on the payroll the last day of the calculation period and when the Gainsharing checks are distributed in order to receive the bonus for the period.

Gainsharing Plan, dated 2/96, attached to Kafando's Brief in Support of the Motion for Summary Judgment, filed 1/10/00 (emphasis added).

¶ 9 Also pertinent to the resolution of this case is the definition of wages set forth in the WPCL.

"Wages." Includes all earnings of an employe, regardless of whether determined on time, task, piece, commission or other method of calculation. The term "wages" also includes fringe benefits or wage supplements whether payable by the employer from his funds or from amounts withheld from the employes' pay by the employer.

43 P.S. § 260.2a. Further, fringe benefits or wage supplements are...