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.

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Photo of Susan E. Groff Susan E. Groff

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying…

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues and is Co-Leader of the California Advice and Counsel Resource Group.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

She also counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations, reductions in force, and discipline and termination questions. Ms. Groff further conducts training and seminars on employment related issues, including sexual harassment prevention training.

Furthermore, Ms. Groff has extensive experience exclusively representing employers in labor and employment disputes. She has defended employers in employment litigation, including actions involving sexual harassment, discrimination on the basis of sex, age, race, religion, and disability, wrongful termination, and wage and hour matters, including class actions. Ms. Groff has litigated matters from inception through the appellate stage before California state and federal courts and represents employers in proceedings before state and federal administrative agencies and tribunals.

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.