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A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime wages. This is the first published California case to make this distinction. Pursuant to § 226.7 of the California Labor Code and the applicable Wage Orders of the Industrial Welfare Commission, an employer that fails to…
On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an employee under the applicable labor statutes and wage orders. After filing a civil complaint against her former employer alleging causes of action for wrongful…