News & Analysis as of

CA Supreme Court

California Departs From the Federal Overtime Calculation Standard - State Supreme Court Retroactively Adopts California Division...

by Best Best & Krieger LLP on

California businesses must follow a different standard than that allowed under the federal rules when calculating overtime to address flat sum bonuses. ...more

Retail and Consumer Products Law Roundup - April 2018

New Guidance From SEC, New York’s DFS - Hoping to help covered entities, the Securities and Exchange Commission (SEC) released an update on cybersecurity while New York’s Department of Financial Services (DFS) published...more

Quick, check your overtime pay calculations! CA Supreme Court announces rule that applies retroactively

by Archer Norris PLC on

The California Supreme Court’s ruling this morning in Alvarado v. Dart Containers may have many employers scrambling to verify their overtime pay calculations. The Court rejected Dart’s complicated overtime calculations,...more

California Supreme Court to Provide Guidance on Meal and Rest Breaks

by Hinshaw & Culbertson LLP on

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first three months...more

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

by Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

California Rejects Federal ‘Regular Rate Of Pay’ Rules

by Fox Rothschild LLP on

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

California Supreme Court Clarifies Overtime Calculation

by Fox Rothschild LLP on

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

Darting Ahead: California Supreme Court Adopts New Formula for Flat Sum Bonuses

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

Employment Law - March 2018 #2

California Supreme Court Provides Clarification When Calculating Overtime Rate - Why it matters - In an employee-friendly opinion, the California Supreme Court set forth the calculation of a worker’s overtime pay rate...more

California Supreme Court Confirms Special State Rule on Calculating Overtime Premiums Arising From Bonuses

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

California Supreme Court’s Unanimous Holding In Mcmillin Albany LLC V. Superior Court: Affirming Builders’ And Developers’ Right...

by Low, Ball & Lynch on

McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest - Case No. S229762; January 18, 2018 - This case decided whether common law actions...more

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

by Carlton Fields on

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

California Supreme Court Breaks With FLSA on Overtime Due for Flat-Sum Bonuses

• 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

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

by Littler on

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

California Supreme Court Instructs Employers How to Calculate Employee Overtime Pay Rate

In Alvarado v. Dart Container Corporation of California, the California Supreme Court determined how employers must calculate an employee’s overtime pay rate when the employee earns a bonus during a single pay period. While...more

California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

by Snell & Wilmer on

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

California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems

by FordHarrison on

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

Alvarado v. Dart Container Corporation of California

On March 5, 2018, the California Supreme Court issued its decision in the Alvarado v. Dart Container Corporation of California case. The Court’s decision will have far reaching consequences for employers throughout the state...more

Calculating Overtime Value Of Flat-Sum Bonus Must Be Based On Actual Non-Overtime Hours Worked, California High Court Holds

by Jackson Lewis P.C. on

The California Supreme Court has held that, under state law, when an employee earns a flat sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the...more

California Supreme Court Rules on Non-Exempt Employee Bonuses

California non-exempt employees may have a new “regular rate of pay” following a recent California Supreme Court decision. A non-exempt employee’s “regular rate of pay” is important because it is the basis for determining...more

Calculating Bonus Payments into the Overtime Rate: California Supreme Court Clarifies Flat Rate Bonuses

by Davis Wright Tremaine LLP on

California employers who pay bonuses to nonexempt employees should take a fresh look at the way they calculate their nonexempt employees’ overtime rates, based on the March 5, 2018 California Supreme Court decision in...more

The 2017 Roundup of California Anti-SLAPP Appellate Decisions

by Davis Wright Tremaine LLP on

In 2017, California’s state and federal appellate courts issued 34 published opinions interpreting the state’s anti-SLAPP statute (C.C.P. § 425.16 et. seq.) and more than 169 unpublished appellate opinions. The California...more

California Supreme Court Rules on Overtime Rate Calculation for ‘Flat Sum’ Bonus

by Morgan Lewis on

The March 5 ruling, which will apply retroactively, establishes a method that will result in a much higher overtime rate than the federal method. California employers who pay flat sum or other similar bonuses to nonexempt...more

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