The California Supreme Court has held that, under state law, when an employee earns a flat sum bonus during a pay period, the overtime pay rate will be calculated using the actual number of non-overtime hours worked by the employee during the pay period. Alvarado v. Dart Container Corp., 2018 Cal. LEXIS 1123 (Cal. Mar. 5, 2018).

In so holding, the Court reversed a lower court of appeal decision that had rejected policy guidance issued by the California Department of Labor Standards Enforcement (DLSE). Please find the rest of this article in our Publications page here.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary…

Susan E. Groff is a principal in the Los Angeles office of Jackson Lewis P.C. She is co-leader of the firm’s California Advice and Counsel resource group. The group delivers legal and practical guidance to assist employers in navigating what are frequently multi-disciplinary issues.

Susan counsels management on a host of labor and employment issues, including wage and hour laws, disability and leave management, harassment and discrimination complaints, workplace investigations, reductions in force, litigation avoidance, and discipline and termination questions.

Due to California’s nuanced and numerous disability and leave requirements, Susan dedicates much of her practice to advising employers on federal and California requirements for disability accommodation and protected leaves of absence. Importantly, she partners with employers not only on these technical disability and leave laws, but also on practical solutions in handling the same.

Susan also provides guidance to employers on California’s challenging wage and hour laws. In addition to day to day advice, she assists with employer audits, compensation plan reviews, and policies in this area.

Photo of Leonora M. Schloss Leonora M. Schloss

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver…

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver results that exceed her clients’ expectations.

Lenny’s legal experience extends beyond her 30 + years in practice. Her first exposure to the law—and a key motivating factor in her choosing law as a profession—was navigating legal documents for her family as a first-generation American with parents who fled from Eastern Europe during World War II. It was that experience that influenced her dedication to ensuring a practical approach to solving problems for clients and her proactive client service mindset on every matter.