News & Analysis as of

Over-Time Rate of Pay State Labor Laws

Jackson Lewis P.C.

The Domestic Worker Bill of Rights: A Guide for Employers

Jackson Lewis P.C. on

The Domestic Worker Bill of Rights (California Assembly Bill 241 and Senate Bill 1015), enacted in 2013, is a California law that grants overtime pay rights to personal attendants who were not previously entitled to overtime...more

Fox Rothschild LLP

NY DOL Finalizes Changes to Tip Credit, Meal Credit, Uniform Maintenance Pay and Exempt Employee Salary Thresholds

Fox Rothschild LLP on

As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … A Quick Primer on What to Include in the Regular Rate of Pay

Epstein Becker & Green on

The “regular rate of pay,” an often-misunderstood legal term of art, can be a thorn in the side of employers when calculating how to pay non-exempt hourly employees. These employees must be paid an overtime rate of at least...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

Shook, Hardy & Bacon L.L.P.

Ruling Offers California Employers Guidance on Calculating Regular Rate of Pay

A Ninth Circuit panel recently ruled that Target Corp.’s pay practices comport with California law, and as such, Target’s motion for judgment on the pleadings should have been granted by the district court. See Bowen v....more

Morgan Lewis

Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees

Morgan Lewis on

Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more

Fisher Phillips

Massachusetts Retail Refresh: Juneteenth Premium Pay Obligations

Fisher Phillips on

This summer marks the second year with Juneteenth as a premium pay holiday for Massachusetts retailers. In 2020, as part of a COVID-19-related spending bill, the Massachusetts legislature added Juneteenth National...more

Payne & Fears

Key California Employment Law Cases: July 2021

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

Fisher Phillips

Virginia Wage Law Changes A Reminder to All Dealerships

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The implementation of the Virginia Overtime Wage Act (VOWA) on July 1 serves as a reminder to all dealerships across the country to consider federal, state, and local law when classifying employees for wage and hour purposes....more

Stinson LLP

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

Stinson LLP on

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

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Jones Day

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

Jones Day on

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

CDF Labor Law LLP on

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

Proskauer - California Employment Law

California Supreme Court Holds That Meal And Rest Break Premiums Must Include All Forms Of Remuneration (Not Just Base Hourly...

On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section...more

Cozen O'Connor

California Supreme Court Targets Meal and Rest Premium Pay Practices

Cozen O'Connor on

On July 15, 2021, the California Supreme Court ruled that meal, rest, or recovery period premium payments must be made at the “regular rate of pay” that is used for overtime, not the employee’s base hourly rate....more

Littler

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

Littler on

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

Fisher Phillips

Big Changes Coming For Virginia Dealerships Thanks To New State Wage Law

Fisher Phillips on

The Virginia Overtime Wages Act (VOWA), which goes into effect on July 1, 2021, codifies Virginia’s first overtime law and brings sweeping changes to Virginia employers’ wage and hour obligations. But more than that, VOWA...more

Morgan Lewis

Virginia Enacts Expansive New Overtime Law

Morgan Lewis on

The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more

Hogan Lovells

Virginia’s new Overtime Wage Act increases potential exposure to Virginia employers for wage and hour claims

Hogan Lovells on

Last year, we discussed several major changes made to Virginia employment laws that provided new protections and rights to employees. Once again, another significant change will occur on July 1, 2021 ...more

Conn Kavanaugh

Changes in Employment Laws in Massachusetts

Conn Kavanaugh on

Keeping an eye on changes and trends in employment law is an excellent way for businesses to mitigate risk. Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.” This adage rings especially true...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court to Review Meal and Rest Period Premium Calculation Case

The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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

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