As if traffic in California was not bad enough by itself, employers in the trucking industry have one more thing to worry about – whether they are complying with California’s meal and rest break laws. In Dilts v. Penske Logistics, LLC, the plaintiffs represent a class of delivery drivers and installers. Defendants had hoped to avoid the claim that they had violated California’s meal and rest break laws by arguing that as “motor carriers” the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) preempts California’s meal and rest break laws. The trial ...
By: Amy Messigian
In a major blow to California employers who utilize a monthly commission scheme but pay biweekly or semimonthly salary to their commission sales employees, the California Supreme Court ruled earlier this week in Peabody v. Time Warner Cable, Inc. that a commission payment may be applied only to the pay period in which it is paid for the purposes of determining whether an employee is exempt from overtime. Employers may not divide the commission payment across multiple pay periods in order to satisfy the minimum compensation threshold for meeting the exemption in any ...
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Recent Updates
- U.S. Department of Labor Issues Final Overtime Rule Raising Salary Thresholds
- Time Is Money: A Quick Wage-Hour Tip on New York Meal and Rest Periods
- D.C. Expands Coverage of Minimum Wage Law
- Epstein Becker Green’s Free Wage-Hour App Includes Updates on New 2024 Laws
- Wage War: Massachusetts Trial Court Rejects Globe Ex-President’s Profit-Sharing Claim Disguised as Wage Act Violation