Podcast: California Employment News - How to Account for Premium Pay on Wage Statements (Part 2)
California Employment News: How to Account for Premium Pay on Wage Statements (Part 2)
California Employment News: Premium Pay Constitutes Wages
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
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
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
The Colorado Department of Labor and Employment’s FAMLI Division issued a reminder this week to all Colorado employers and third party administrators that premium payments and wage reports for Q1 2023 are due April 30, 2023. ...more
A California appellate panel has weighed in on premium pay in a decision on remand from the state’s highest court, with an employer-friendly result....more
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
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
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
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
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
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
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
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
Employers that fail to provide premium pay for missed meal and rest periods in California face additional monetary penalties under the state’s Labor Code, according to a unanimous decision from the California Supreme Court. ...more
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
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
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
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
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
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
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
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
On May 23 2022, the California Supreme Court reversed the Second Appellate District Court of Appeal and made clear that meal and rest period premiums (or “extra pay” or “premium pay”) constitute “wages” and must be accurately...more
California employers now face derivative liability for failing to list premium payments for meal periods or rest breaks on their wage statements, as well as for failing to pay all premiums timely upon separation. ...more