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Can California Employer Find Any Silver Linings in $102 Million Verdict?

August 23, 2019

Via: HR Hero
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Meal period and wage statement claims continue to haunt California employers. Most of you know you must factor nondiscretionary bonuses into the regular rate of pay when you calculate overtime. However, such bonuses also need to be factored into the regular pay rate when the 1-hour meal period premium is calculated.

In the following case, Walmart correctly factored the bonus payments into the overtime rate but didn’t do the same thing for meal premium payments. That and a problem with its wage statements led to a $102 million verdict against the company. But the result could have been far worse.

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