News & Analysis as of

Premium Pay

Jackson Lewis P.C.

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

Jackson Lewis P.C. on

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific...more

Jackson Lewis P.C.

USCIS Announces Higher Premium Processing Fees

Jackson Lewis P.C. on

Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation. The newly generated income, estimated to be approximately $185 million, will...more

White and Williams LLP

Spa Workers Entitled to Sunday Premium Pay Where Employer Also Sold Beauty Products

White and Williams LLP on

In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium...more

Fox Rothschild LLP

Prepare for the Coming Minimum Wage Hikes!

Fox Rothschild LLP on

Effective New Year’s Day 2024, the minimum wage employers of all sizes must pay California employees will increase from $15.50 per hour to $16.00 per hour. The minimum salary for exempt status will increase at the same time...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Three-Yes,...

We have posted two previous articles about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already...more

Jackson Lewis P.C.

No Fooling: City of Los Angeles Retail Fair Workweek Ordinance Takes Effect April 1, 2023

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In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and...more

Fox Rothschild LLP

Wage Statement Violations – Court Recognizes Good-Faith Dispute Defense

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Good news – employers may now argue that wage statement errors were not “willful” as a defense to wage statement claims. Not everything from Naranjo v. Spectrum Security Services, Inc. was bad....more

Jackson Lewis P.C.

California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour...

Jackson Lewis P.C. on

In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims...more

Weintraub Tobin

Podcast: California Employment News - How to Account for Premium Pay on Wage Statements (Part 2)

Weintraub Tobin on

California employers are subject to meal and rest break premiums. Shauna Correia and Rachel Davey help explain what premium payments are, and how employers are required to account for them on wage statements, in this part 2...more

Weintraub Tobin

California Employment News: How to Account for Premium Pay on Wage Statements (Part 2)

Weintraub Tobin on

California employers are subject to meal and rest break premiums. Shauna Correia and Rachel Davey help explain what premium payments are, and how employers are required to account for them on wage statements, in this part 2...more

Fox Rothschild LLP

No Overtime on Overtime – a Qualified Win for Employers

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Employers got a rare win in a regular rate case earlier this month. In Lemm v. Ecolab, Inc., the Second District cemented California’s adoption of the percentage of total earnings bonus exemption to the regular rate for...more

Fisher Phillips

Top 10 Ways Employers Can Avoid Regular Rate Wage Mistakes On Their 2023 Resolutions Lists

Fisher Phillips on

When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2022

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In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic. ...more

Jackson Lewis P.C.

Connecticut’s Pandemic “Hero Pay” Program Goes Into Effect

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Private-sector essential employees who worked in Connecticut during the pandemic may receive up to $1,000 in premium pay (i.e., “hero pay”), through a $30 million fund established under the state budget approved by the...more

Jackson Lewis P.C.

The City of Los Angeles Passes Hotel Worker Protection Ordinance

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On June 28, 2022, the Los Angeles City Council passed an ordinance designed to increase safety protections for hotel workers in hotels, to limit their daily workload, and to raise their wages. Mayor Eric Garcetti is...more

Fisher Phillips

Top 5 Surprises for NYC Fast Food Employers in Finalized Fair Workweek Law Rules

Fisher Phillips on

New York City workplace regulators just finalized rules for New York City’s Fair Workweek and just cause laws for fast food workers – and there are some changes from the initial proposals that may come as a surprise to...more

Davis Wright Tremaine LLP

California Supreme Court: Meal and Rest Break Violations Can Trigger Derivative Penalties and Prejudgment Interest at Seven...

Employers will face significantly greater exposure for noncompliant meal and rest break practices following a recent California Supreme Court ruling. In Naranjo v. Spectrum Security Services, Inc., the Court held that unpaid...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

Holland & Knight LLP

Recuerde hacer el pago de la prima legal de servicios en Colombia antes del 30 de junio

Holland & Knight LLP on

De conformidad con el artículo 306 del Código Sustantivo del Trabajo en Colombia los empleadores están obligados a pagar a sus empleados, incluyendo a los trabajadores del servicio doméstico, choferes de servicio familiar,...more

Weintraub Tobin

California Employment News: Premium Pay Constitutes Wages

Weintraub Tobin on

On May 23, 2022, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. Employment attorneys Shauna Correia and...more

McDermott Will & Emery

California Supreme Court Clarifies Missed-Break Premiums Penalties

McDermott Will & Emery on

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that:...more

K&L Gates LLP

California Supreme Court Raises the Stakes (Again) on Meal and Rest Break Law by Adding Derivative Penalties

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Highlights of Naranjo v. Spectrum Security Services, Inc. Premium pay - the additional hour of pay non-exempt employees are entitled to if their employer fails to provide them with timely, full, and uninterrupted meal and...more

Perkins Coie

CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

Perkins Coie on

The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more

Stokes Wagner

California Supreme Court Holds Premium Pay for Missed Breaks Constitutes “Wages” That Must Be Reported on Wage Statements and Paid...

Stokes Wagner on

On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to...more

ArentFox Schiff

Breaking News: California Break Premium Pay Can Trigger Waiting Time and Wage Statement Penalties

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In addition, on a point with broader implications, the Supreme Court held that wage statements must include all wages earned, and not just wages paid, with any wages earned but unpaid possibly triggering penalties for an...more

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