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No Break from Breaks in California: Break Premiums Are Wages and Can Give Rise to Wage Statement and Waiting Time Penalties – Publications

On May 23, 2022, the California Supreme Court issued a decision in Naranjo v. Spectrum Security Services, Inc., finding that meal break premium pay is considered wages for purposes of the California Labor Code’s provisions regarding timely wage payment and wage statements, and thus can support penalties for wage statement violations under Labor Code Section 226 and waiting time penalties under Labor Code Section 203. We have compiled immediate action items raised by the California Supreme Cour...
New York United States Orange County Christina Edling Melendi Los Angeles Joseph Duffy Los Angeles

DOL Expansive Tipped Employee Regulations for Pennsylvania

Employers in Pennsylvania have been able to pay tipped employees a base rate of $2.83 per hour if they earn at least $30 a month in tips, with tips making up the remainder of the employee’s wages to reach the standard minimum wage, currently $7.25 per hour.
United States Tom Wolf Nutrition Centers Inc Bureau Of Labor Standards Pennsylvania Supreme Court Notice Required For Service

DOL Expansive Tipped Employee Regulations for Pennsylvania

Employers in Pennsylvania have been able to pay tipped employees a base rate of $2.83 per hour if they earn at least $30 a month in tips, with tips making up the remainder of the employee’s wages to reach the standard minimum wage, currently $7.25 per hour.
United States Tom Wolf Nutrition Centers Inc Bureau Of Labor Standards Pennsylvania Supreme Court Notice Required For Service

Pennsylvania Regulatory Commission Approves Expansive Tipped Employee Regulations

Bucking the standard that has existed under federal law and in most states for decades, tipped employees in Pennsylvania soon will have to earn more than four times as much in tips before their employers may take a tip credit and pay those employees less than the standard minimum wage. That revision is but one of several regulatory changes proposed by Governor Tom Wolf’s
United States Tom Wolf Jackson Lewis Nutrition Centers Inc Bureau Of Labor Standards Pennsylvania Supreme Court

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California's Meal and Rest Break Premium Laws See Additional Changes

Friday, July 16, 2021 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, and the statute of limitations for meal and rest break liability is up to four years. California employers whose workforce includes nonexempt employees who receive incentive pay, such as nondiscretionary bonuses, commissions, piece rate compe...
United States Jessica Ferra Ferra Court Pro Franchising International Inc Loews Hollywood Hotel Industrial Welfare Commission

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