California Labor Commissioner Cites Three El Super Grocery Stores $447,836 for Not Providing COVID-19 Supplemental Paid Sick Leave ca.gov - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ca.gov Daily Mail and Mail on Sunday newspapers.
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 226.7 )
must be paid at non-exempt employees
regular rate
of pay-not merely their base hourly rate. The
decision,
which applies retroactively,
requires that employers promptly adjust their pay practices.
Background
Like the federal Fair Labor Standards Act ( FLSA ),
Labor Code section 510 ( Section 510 ) requires that
employers pay non-exempt employees overtime at their regular
rate[s] of pay. Under a different section of the Labor Code
and the Industrial Welfare Commission s ( IWC ) Wage
California Employers Must Pay Regular Rate for Missed Break Premiums shrm.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from shrm.org Daily Mail and Mail on Sunday newspapers.
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California employers finally have clearer guidance on the implications of failing to comply with California’s meal and rest break requirements under the Labor Code. Most businesses in California are familiar with meal and rest break requirements, and, equally so, with the penalty mandated by Section 226.7 of the Labor Code for violations one hour of pay at the employee’s “regular rate of compensation” for each non-compliant break. What has been less clear, however, is how an employee’s “regular rate of compensation” should be calculated. This ambiguity has left employers struggling for years over best practices, often at the cost of expensive class action lawsuits. Finally, the California Supreme Court has resolved this issue: penalties for meal and rest break violations must be paid at the “regular rate of pay,” which includes an employee’s hourly wage rate
California Employer Meal and Rest Period Pay Practices to Change 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.