California Supreme Court Announces New Standard That Meal and Rest Period Premiums Must Be Paid at Same “Regular Rate of Pay” Used to Calculate Overtime Payments
The California Supreme Court’s decision issued on July 15, 2021 clarifies that California employers must pay one-hour meal and rest period premiums to employees who report that they were not provided compliant meal or rest periods. The pay must be at the same FLSA “regular rate” that is used to calculate overtime premiums, not at the employee’s normal “base” hourly rate.
