California Wage & Hour Update - July 2011, No. 3


In This Issue:

Court Rules On Premium Payments For Denied Meal And Rest Periods By Colin Calvert (Irvine)

California law regulates meal and rest periods, requiring employers to provide their employees an unpaid 30-minute meal period after working for five hours, and a second meal period after 10 hours, with a 10 minute rest period for each four hours of work or major fraction thereof. Employees required to work through their breaks are entitled to a premium payment subject to a limit each day.....

New Ruling Makes It More Difficult To Avoid Seventh-Day Premium By Grace Y. Horoupian And Matthew C. Sgnilek (Irvine)

A recent California appellate decision precludes California employers from defining workweeks under a recurring work schedule that avoids payment of the “seventh day” premium. Seymore v. Metson Marine.....

Court Clarifies Meaning Of “Commissions” By John K. Skousen (Irvine)

California Industrial Welfare Commission (IWC) Wage Orders exempt from California’s overtime-compensation requirement “any employee whose earnings exceed one and one-half (1 ½ ) times the minimum wage if more than half of that employee’s compensation represents commissions.” State courts have looked to the Labor Code section that addresses automobile dealers, in defining “commissions,” as: “compensation paid to any person for services rendered in the sale of such employer’s property or services and based proportionately upon the amount or value thereof.” (Italics added.)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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