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Labor Attorneys, Blumenthal Nordrehaug Bhowmik De Blouw LLP, File Suit Against Islands Restaurants, L P , in PAGA Only Action, Alleging California Labor Code Violations
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Just When You Thought You Understood California s Meal and Rest Break Premium Laws… | K&L Gates LLP
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California Employer Meal and Rest Period Pay Practices to Change
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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 compensation, or shift differential pay should revisit the rate at which meal and rest period premiums are paid.
Is “regular rate of compensation” the same thing as “regular rate of pay” for purposes of calculating meal and rest break premiums? On 15 July 2021, in the landmark decision of
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Calif. Justices Say OT Rules Apply To Missed Meal Breaks
Law360 (July 15, 2021, 7:56 PM EDT) A California requirement that employers pay workers for missed breaks at their regular rate of compensation tracks with an overtime requirement for payment based on their regular rate of pay and therefore includes all nondiscretionary payments, not just hourly wages, the state Supreme Court ruled Thursday.
In a unanimous opinion in a closely watched case, the justices said that the California Labor Code s overtime requirement takes into account nondiscretionary payments and that the language for calculating premium pay for missed meal and rest breaks means the same thing as the overtime language.