In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court departed from the longstanding view that non-exempt employees’ meal and rest break premiums are paid at the employee’s base hourly rate, rather than the employee’s regular rate of pay used to calculate overtime pay. Instead, the Court held that the phrase “regular rate
Non-exempt Employees
California wage and hour considerations during the coronavirus outbreak
By Michele Haydel Gehrke & Ronnie Shou on
In addition to considerations under federal law, employers with employees in California should consider additional wage and hour issues that are unique to California. The Labor Commissioner’s Office has issued an FAQ to provide guidance on issues related to COVID-19.
If an exempt salaried employee performs any work during the week, that employee should be paid their salaried wage for the entire week. An employer’s obligations for non-exempt employees, however, are more specific. While generally, employers are not required to pay non-exempt employees for hours not worked, there are certain circumstances under California law when employers may have to pay non-exempt employees even for time not worked.Continue Reading California wage and hour considerations during the coronavirus outbreak
U.S. Department of Labor Says Mortgage Loan Officers Are Typically Non-Exempt
By Samantha M. Clancy & E. David Krulewicz on
This post was also written by Robert M. Jaworski.
The United States Department of Labor (“DOL”), Wage and Hour Division, recently published an Administrator’s Interpretation that takes the position that mortgage loan officers with certain “typical” job duties are not subject to the administrative employee exemption of the Fair Labor Standards Act. The DOL…