California Employment Law Blog

Court of Appeal Finally Clarifies Rate at Which Meal and Rest Break Penalties are to be Paid

Posted by Timothy B. Del Castillo | Oct 15, 2019 | 0 Comments

The Court of Appeal clarified for employers the proper method for calculating meal and rest break premium pay. In Ferra v. Lowes Hollywood Hotel, LLC, the court held that “regular rate of compensation,” as used in Labor Code Section 226.7 governing premium pay for missed meal and rest breaks, means an employee’s base hourly wage, not the "regular rate of pay," that is required to be used when paying overtime wages.

Who’s in Charge Here?: Ninth Circuit Finds Franchisor Not Liable as Joint Employer in a Wage and Hour Lawsuit Filed by Franchisee’s Employees

Posted by Timothy B. Del Castillo | Oct 08, 2019 | 0 Comments

Recently, in Salazar v. McDonald's Corp., the Ninth Circuit found that a franchisor lacked sufficient control over the franchisee's employees to be liable as a joint employer for alleged violations of California wage and hour laws. Notably, the franchisor avoided liability despite some evidence indicating the franchisor had knowledge that the franchisee was violating wage and hour laws.

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