Aileen McGrath

Akin Gump Strauss Hauer & Feld LLP

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California Supreme Court Rules That Unpaid Break Premiums May Give Rise to Derivative Penalties

Key Points - On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court held that a failure to provide premium pay for meal or rest break violations under California Labor Code § 226.7...more

5/26/2022 / CA Supreme Court , Employer Liability Issues , Labor Code , Rest and Meal Break , State Labor Laws , Wage and Hour , Wage Statements

Court of Appeal Holds That Exhaustion Requires Identification of Each Separate Theory of Liability (Update)

On September 30, 2021, the California Court of Appeal (4th District) decided Uribe v. Crown Building Maintenance Co., Case No. G057836. At issue in Uribe was a Private Attorneys General Act (PAGA) settlement that purported to...more

10/28/2021 / Business Expenses , Employer Liability Issues , Indemnification , Labor & Workforce Development Agency (LWDA) , Labor Code , Private Attorneys General Act (PAGA) , Wage and Hour

California Supreme Court Holds Break Premiums Must Account For Nondiscretionary Payments In Addition to the Hourly Rate of Pay

Key Points - In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court held that premiums paid for missed meal, rest or recovery periods must include nondiscretionary pay, not just hourly wages. The decision...more

7/20/2021 / CA Supreme Court , Employer Liability Issues , Labor Code , Over-Time , Rate of Pay , Rest and Meal Break , Wage and Hour

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