News & Analysis as of

Employment Litigation Rate of Pay

Procopio, Cory, Hargreaves & Savitch LLP

[Event] 2024 Labor & Employment Seminar - November 6th, San Diego, CA

Calling all California Employers: Get ready to elevate your workplace game! It's that time of year again, and Procopio is back with a bang to present our much-awaited Annual Labor and Employment Seminar with timely,...more

Epstein Becker & Green

New York Wage & Hour Update: New York Appellate Division, Second Department, Finds No Private Right of Action for Frequency of Pay...

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On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Manatt, Phelps & Phillips, LLP

Meal, Rest Break Violations Trigger Additional Penalties in California

Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court. ...more

Jones Day

California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now...

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The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations. This...more

Stoel Rives - World of Employment

California Supreme Court Extends Employees’ Rights to Waiting-Time Penalties and Other Damages

On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time...more

BakerHostetler

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

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In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As...more

Littler

Salary Negotiation Can Provide Affirmative Defense to Equal Pay Act Claim as “Factor Other Than Sex”

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A female applicant applies for a position that was widely advertised.  During her interview she insists on being paid $100,000. The employer agrees to her salary demand although it employs a male doing substantially similar...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

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While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Payne & Fears

[Virtual Employment Seminar] Fear Nothing 2021: Regular Rate of Pay, Remote Workforce Landmines, COVID Litigation & Workplace...

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2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more

CDF Labor Law LLP

[Webinar] The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation - August 26th, 10:00 am PT

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Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hogan Lovells

Going rate – maintaining higher pay not a reasonable adjustment

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In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more

Manatt, Phelps & Phillips, LLP

Premium Payments Calculated Like Overtime, California Supreme Court Says—and Retroactively

California employers must include nondiscretionary payments made to employees when making premium payments for missing meal or rest periods, the state’s highest court has ruled in a decision with retroactive application....more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

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On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Stinson LLP

California Supreme Court Expands "Regular Rate of Compensation" for Missed Breaks

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If you have employees in California, it is time to review how you pay them for missed meal and rest breaks. The California Supreme Court's decision in Ferra v. Loews Hollywood Hotel, LLC, will change the way many companies...more

Jones Day

California Supreme Court Concludes "Regular Rate of Pay" Applies When Calculating Meal and Rest Period Penalties

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The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more

CDF Labor Law LLP

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

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In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

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In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Fisher Phillips

California Supreme Court Adds to Employers’ Pain By Requiring Higher Rate of Pay for Missed Meals and Breaks: A 3-Step Plan of...

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The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more

Downey Brand LLP

California Supreme Court Rules that Premium Pay for Meal and Rest Breaks Must be Calculated Using the “Regular Rate of Pay”

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The Supreme Court issued its opinion in Ferra v. Lowes Hollywood Hotel, LLC yesterday, ruling that when employers calculate meal or rest break premium pay, they must calculate and pay the premium based on the employee’s...more

Littler

Did Your Business Pay Break Premiums AND Bonuses? California Has A Penalty For That, Too

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In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of...more

FordHarrison

California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay

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On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not...more

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