Labor/Employment,
Civil Rights,
California Supreme Court
May 29, 2018
Counseling employers on wage matters after Alvarado v. Dart Container
Numerous articles have been have focused on the correct method of computation when a flat-sum bonus is paid and the retroactive application of the decision. But there is something more significant.
Arthur F. Silbergeld
Employment Law Partner
Thompson Coburn LLP
Labor & Employment
Phone: (310) 282-2529
Email: asilbergeld@thompsoncoburn.com
Temple Univ Law School
Arthur is based in Los Angeles and is in the firm's Labor & Employment Practice Group.
Tristan R. Kirk
Associate
Winston & Strawn LLP
Phone: (213) 615-1700
Email: tkirk@winston.com
UCLA SOL; Los Angeles CA
Over two months ago, the California Supreme Court again reminded California employers that simply being compliant with federal wage standards does not shield them from liability under the Labor Code. In Alvarado v. Dart Container Corporation of California, 2018 DJDAR 2083 (March 5, 2018), the court reversed the court of appeal and determined that in computing an employee's overtime rate in a period in which a flat sum bonus was earned, only...
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