California Supreme Court Requires Much More Expensive Overtime Formula for Certain Bonuses Paid to Non-Exempt Employees

Under federal and California state law, many bonuses must be included in the regular rate of pay for the purpose of calculating overtime for non-exempt employees. A new decision by the California Supreme Court, Alvarado v. Dart Container Corporation, requires employers in California who pay so-called "flat sum" bonuses to use a much more expensive overtime formula than federal law requires.
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Under federal and California state law, many bonuses must be included in the regular rate of pay for the purpose of calculating overtime for non-exempt employees. A new decision by the California Supreme Court, Alvarado v. Dart Container Corporation, requires employers in California who pay so-called "flat sum" bonuses to use a much more expensive overtime formula than federal law requires.

Zach Hutton is a member of the Employment Law Department of Paul Hastings. His practice spans all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in numerous class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. Mr. Hutton also provides advice and compliance guidance on complex wage and hour issues to clients in a variety of industries.

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