The Justice Insiders Podcast: Feds Danske to a New Tune
As 2020 Winds Down, Keep Your Guard Up!
Revisiting Executive Compensation and Employee Incentive Plans
Three Timely Benefits Items Everyone Should Know
WHERE HAVE YOU GONE, CHIP HILTON?
III-44- A Little Help From The DOL
I-20 - Special Holiday Party Episode
Unfair and Unbalanced-Episode 18
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Lat: Law Firms Must Get Big, Profitable or Lost
Lat: 'Measured Comeback' for BigLaw; Associate Bonuses Rising
Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more
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
Not the best news for employers. The California Supreme Court has issued a decision changing the way employers must compensate employees for missed meal and rest breaks under state law. In Ferra v. Loews Hollywood Hotel,...more
Seyfarth Synopsis: The Supreme Court just held that employers, when calculating the premium pay due for failing to provide legally compliant meal and rest periods, must include all nondiscretionary payments—not just pay the...more
On July 15, 2021, the California Supreme Court (Court) unanimously held that employers must pay out meal and rest period premiums using the same “regular rate” that is used to calculate overtime compensation and not the...more
In another detrimental decision for employers, that has retroactive application, the California Supreme Court just complicated calculation of premium pay owed for non-compliant breaks – holding it must include all...more
Background- The California Supreme Court just made it even more difficult to do business in California. Overturning the ruling of two lower courts, on July 15, 2021, the Court held in Ferra v. Loews Hollywood Hotel, LLC...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court has concluded that an employee’s “regular rate of compensation” for meal and rest period premium pay is synonymous with the employee’s “regular rate of pay”...more
A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v....more
In a less-than-favorable decision for employers – Alvarado v. Dart Container Corporation – the California Supreme Court addressed how to calculate the overtime pay rate when the employee earns a non-production, flat sum bonus...more
California is a difficult landscape for employers, and last month, the California Supreme Court made that landscape all the more difficult. In a case called Alvarado v. Dart Container Corp., the California Supreme Court...more
It is an old joke that the world can be divided into people who are good at math and those who go to law school. Whether you believe the joke or not, math – or in this case, simple arithmetic – can be at the heart of many...more
This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more
California businesses must follow a different standard than that allowed under the federal rules when calculating overtime to address flat sum bonuses. ...more
A recent California Supreme Court opinion highlights how employers following federal law can run afoul of California wage and hour requirements. The issue in Alvarado v. Dart Container Corporation of California involves...more
Calculating the correct overtime pay rate in California has long been a complicated process. The basic overtime rate is defined as one and a half times an employee’s “regular rate” of pay. This purportedly “regular” figure...more
For decades, many employers across California relied upon established federal law governing the calculation of overtime compensation on bonuses. Under federal law, the same set of rules apply to flat sum bonuses (i.e., set...more
In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more
Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more
• In Alvarado v. Dart Container Corp. of California, the California Supreme Court held that California law—unlike federal law—requires employers to calculate overtime by treating flat-sum bonuses as if they were earned during...more
The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period....more
On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more
On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee)...more