News & Analysis as of

Rest and Meal Break Over-Time CA Supreme Court

Weintraub Tobin

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

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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

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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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

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

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While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Cooley LLP

Alert: California Supreme Court Concludes Calculation of Meal and Rest Period Premiums Based on ‘Regular Rate’

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Under California law, nonexempt employees are entitled to certain meal and rest periods during the workday. Pursuant to California Labor Code Section 226.7, an employer who fails to provide meal or rest periods must provide...more

Manatt, Phelps & Phillips, LLP

Premium Payments Calculated Like Overtime, California Supreme Court Says—and Retroactively

California employers must include nondiscretionary payments made to employees when making premium payments for missing meal or rest periods, the state’s highest court has ruled in a decision with retroactive application....more

Stinson LLP

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

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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

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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

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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

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds Break Premiums Must Account For Nondiscretionary Payments In Addition to the Hourly Rate of Pay

Key Points - In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that premiums paid for missed meal, rest or recovery periods must include nondiscretionary pay, not just hourly wages. The decision...more

CDF Labor Law LLP

CA Supreme Court Interprets Break Premium Pay Requirement To Give Employees Higher Pay

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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…

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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

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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

Payne & Fears

California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The “Regular Rate Of Pay”

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Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more

Fisher Phillips

California Supreme Court Adds to Employers’ Pain By Requiring Higher Rate of Pay for Missed Meals and Breaks: A 3-Step Plan of...

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The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more

Downey Brand LLP

California Supreme Court Rules that Premium Pay for Meal and Rest Breaks Must be Calculated Using the “Regular Rate of Pay”

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The Supreme Court issued its opinion in Ferra v. Lowes Hollywood Hotel, LLC yesterday, ruling that when employers calculate meal or rest break premium pay, they must calculate and pay the premium based on the employee’s...more

Littler

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

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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

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

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

Fisher Phillips

California Supreme Court Will Have The Final Word On Exceptions To Activity-Based Pay Systems

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Over a decade has passed since an appellate court in California ruled that employers could not average pay for productive activity to include unpaid non-productive activity in meeting their minimum wage obligations. That...more

Payne & Fears

Key California Employment Law Cases: March 2018

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This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

Seyfarth Shaw LLP

And on the Seventh Day, Let Them Rest… or Work—If They Want!

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Seyfarth Synopsis: Last month in Mendoza v. Nordstrom, Inc., the California Supreme Court addressed three questions about California’s “day of rest” statutes that prohibit employers from causing employees “to work more than...more

Farella Braun + Martel LLP

“Day of Rest” Requirement Measured By Workweek, Not Every Seven-Day Period

California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided...more

Bass, Berry & Sims PLC

California Supreme Court Clarifies "Day of Rest" Requirements

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In a big win for California employers, the California Supreme Court ruled on May 8, 2017 that employers are not required to provide employees with a “day of rest” on a “rolling seven-day basis,” but must only ensure that...more

Carlton Fields

California Supreme Court Puts to Rest Labor Code Interpretation

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Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

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