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 Advanced-Tech Security Svcs., Inc. v. Superior Court (Roman), No. B205186 (Cal. Ct. App. June 3, 2008)
Fisher & Phillips, LLP - July 02, 2008 California law sets out basic overtime requirements for non-exempt employees in California. Among other things, the law requires an employer to pay an employee time and one-half of the employee's regular rate of pay for both 1) more than 8 hours of work in one workday, and2) more than 40 hours of work in any workweek. A double time premium is required for hours in excess of 12 in a work day, or in excess of 8 hours on the seventh consecutive day of work in a work week.  California Employers Need Not Pay Overtime Based on Premium Holiday Rate, Appeals Court Rules.Jackson Lewis LLP - June 12, 2008 Where an employer agrees to pay employees premium pay for holiday work, the employer is not required to pay overtime based on the premium rate if the employees work more than 8 hours in a day or 40 hours in a week, the California Court of Appeal ruled. Advanced-Tech Security Svcs., Inc. v. Superior Court (Roman), No. B205186 (Cal. Ct. App. June 3, 2008). Rather, the employer is entitled to credit the time and one-half premium pay on holidays against otherwise earned overtime. Accordingly, the appellate court directed the trial court to vacate its order denying the employer's motion for summary adjudication on an employee's claim for unpaid overtime and to enter an order granting the employer's motion.
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