News & Analysis as of

Over-Time Rest and Meal Break State Labor Laws

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Lasher Holzapfel Sperry & Ebberson PLLC

2025 Washington Employment Law Update – Minimum Wage, Exempt Employees, and Noncompete Updates

Beginning on January 1, 2025, the minimum wage in Washington will go up to $16.66 per hour, up 2.35% from 2024. In addition to the statewide minimum, various cities and counties have a dizzying array of higher minimum wages...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2024

State and local governments continue to increase workplace regulations. Although it is not feasible to discuss all laws, this update provides an overview of significant recent and upcoming legislative and regulatory...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your June To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2024

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Morgan Lewis

Washington State Year-End Legislative Developments Employers Need to Know

Morgan Lewis on

Washington state recently enacted several laws expanding protections for employees. Washington employers should be aware that these laws have significant implications in the workplace, including restrictions on employers’...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

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update And Best Practices for California Employers - August 22nd, 10:00 am - 11:15 am PT

CDF Labor Law LLP on

CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2023

Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Avoiding Common California Wage and Hour Mistakes and “Going the Distance”

Employers based outside of California can suffer knockout blows if they enter the ring as employers in California and operate under the mistaken assumption that adherence to the Fair Labor Standards Act (“FLSA”) is the same...more

Jackson Lewis P.C.

California Wage Orders, What Are They & Why Employers Should Care

Jackson Lewis P.C. on

The California Industrial Welfare Commission has 17 wage orders that apply to different employers based on their industry or occupation. Although other than minimum wage, these wage orders have not been updated since 2001,...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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 have been an unprecedented number of changes for the past few years—and this past month...more

Cozen O'Connor

Does PAGA Have Wings? Bernstein’s Threat to Interstate Airlines (ALERT)

Cozen O'Connor on

California’s Private Attorney’s General Act (“PAGA”) has created an extremely friendly litigation environment for employees in California. While the 2021 Ninth Circuit decision in Bernstein v. Virgin Am., Inc., 3 F.4th 1127...more

Fox Rothschild LLP

Doing Business in California, a Totally Helpful (and Free) Resource for You!

Fox Rothschild LLP on

Getting ready to return to the office in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how...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

K&L Gates LLP

Just When You Thought You Understood California's Meal and Rest Break Premium Laws…

K&L Gates LLP on

Highlights of Ferra v. Loews Hollywood Hotel, LLC - Premiums for noncompliant meal, rest, and recovery periods must be paid at the “regular rate of pay” rather than the base hourly rate. The decision applies retroactively,...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

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

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

Proskauer - California Employment Law

California Employment Law Notes - March 2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

FordHarrison

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

FordHarrison on

While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

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