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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 

United statesJessica ferraFerra courtPro franchising international incLoews hollywood hotelIndustrial welfare commissionSpectrum security services incDynamex operations west incCalifornia supreme courtHollywood hotelFair labor standards actLabor code sectionWage ordersCalifornia labor code sectionDefendant loewsCalifornia labor code