California Supreme Court: Premium Pay for Non-Compliant Meal/Rest Periods Must Be Paid at “Regular Rate of Pay” Used for Overtime, Not Base Hourly Rate - and Applies Retroactively

California employers are already well acquainted with the resource-intensive process of navigating and applying California law to maintain compliant payroll practices. This process became even more difficult due to the California Supreme Court’s recent decision in Ferra v. Loews Hollywood Hotel, LLC, which holds that premium pay for missed meal and rest breaks must be calculated at the same “regular rate of pay” used to calculate overtime payments....
By: Hirschfeld Kraemer LLP