Monday, July 19, 2021

Gibson Dunn | California Supreme Court Announces New Formula for Calculating Premium Payments for

On July 15, 2021, the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC adopted a new formula for calculating the one extra hour of premium pay that employees are owed if an employer fails to provide a compliant meal period or rest break.

The Ferra decision represents a change in the law, as the California Court of Appeal and several federal district courts had previously held that California Labor Code section 226.7's use of the term "regular rate of compensation" meant that premium payments for failures to provide meal periods

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Publisher: Gibson Dunn
Date: 2021-07-16T20:11:10 00:00
Twitter: @gibsondunn
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Organizing a Union in the Disorganized World of Small Restaurants - The New York Times

The stresses of the pandemic and the demands for equity have moved many independent-restaurant workers to start labor-union drives. Will they get results?

The employees of Tattersall Distilling in Minneapolis successfully unionized last August, and have inspired other workers to do the same. Credit... Jenn Ackerman for The New York Times

Date: 2021-07-19T14:42:36.000Z
Twitter: @nytimes
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CA Supreme Court Rules Employers to Recalculate Wages After Bonuses

Issuing the California Supreme Court's decision in a much-anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v.

California Labor Code §226.7(c) requires an employer to "pay the employee one additional hour of pay at the employee's regular rate of compensation " for non-compliant meal and rest breaks, whereas Labor Code §510(a) requires an employer to compensate an employee by a multiple of the

Publisher: The National Law Review
Date: 5493B547C0AB527FF4CF8C4D0127302A
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Why Frito-Lay Workers in Topeka, Kansas Are Striking

Hundreds of Frito-Lay workers in Topeka, Kansas have been striking over forced overtime and low pay.

"Frito-Lay is committed to providing a safe and fair workplace for all of our employees. We believe our existing two-year offer addresses the concerns that have been raised at our Topeka facility," the statement reads.

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Publisher: Business Insider
Date: 2021-07-19
Author: Mary Meisenzahl
Twitter: @BI_RetailNews
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Infinity Healthcare Gets Overtime Pay, 401(k) Fee Suit Trimmed

A physician assistant who sued Wisconsin medical provider Infinity Healthcare Inc. over retirement plan fees and overtime wages saw her proposed class suit narrowed on Friday, when a federal judge ruled she lacked standing to bring ERISA claims.

Amanda Lange didn't invest in any of the actively managed retirement funds challenged by her lawsuit, nor did she invest any funds that paid the record-keeping fees she claims are excessive, Judge James D. Peterson of the U.S. District Court for the Western District of Wisconsin held.

Twitter: @BLaw
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Hong Kong Employment Law: Termination of Employment - Lexology
Publisher: Lexology
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Chauvin trial cost Hennepin County $3.7 million for security, other expenses - StarTribune.com

Hennepin County spent about $3.7 million on the trial of former Minneapolis police officer Derek Chauvin on courthouse security and employee salaries, among other expenses.

The county on Friday released costs for the trial. The single largest expense after salaries was security for the Hennepin County courthouse in downtown Minneapolis, which also houses county government offices, and other county buildings such as the jail.

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Publisher: Star Tribune
Twitter: @StarTribune
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California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The "Regular

Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v.

Critically, the court refused to hold that its decision only applies prospectively. This means that the rule announced today applies retroactively to payments made before today.

Publisher: JD Supra
Twitter: @jdsupra
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