Labor/Employment
Mar. 23, 2017
Court rules advance on commission is not rest period pay
In what has sent shockwaves through the employment law community, the California appellate court reversed the trial court's decision in a meal and rest break case.
Adriana Cara
Partner
Pierson Ferdinand
Employment, Labor and Benefits
2244 Faraday Ave
Carlsbad , CA 92008
Phone: (442) 325-2497
Loyola Law School
All nonexempt California employees are entitled to a net, 10-minute rest period for every four hours worked, or major fraction thereof. (California Labor Code Section 226.7 and applicable Industrial Wage Commission Wage Orders.) Individuals entitled to such breaks must be paid for these rest periods and relieved of all duty.
Although applying this rule seems fairly straightforward in the case of non-commissioned employees receiving only an hourly wage, there was some ambiguity as to...
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