Just When You Thought You Understood California s Meal and Rest Break Premium Laws… | K&L Gates LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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
Truckers, Journalists Keep Challenging California’s Controversial Freelance Law
Truckers and freelance journalists continue to appeal in court to receive additional exemptions under California’s controversial freelance law.
AB 5 went into effect in January 2020 and intended to provide additional protections and benefits for employees. However, the reality of the bill looks much different, according to some gig workers.
The bill authored by Assemblywoman Lorena Gonzalez reclassified what constitutes independent contractors by creating a three-pronged “ABC” test that workers must pass to be considered freelancers. It essentially codified a judge’s ruling in the case Dynamex Operations West, Inc. V. Superior Court, which placed the burden on the employer to establish whether a worker is an employee or an independent contractor.
California s AB-5 Applies to Motor Carrier Workers natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.