Consequences for employers that get employee breaks wrong
The California Supreme Court recently ruled that premium pay owed to employees whom an employer requires to work during their breaks is a form of “hardship” pay that generally must be paid upon termination of employment and recorded on an employee’s wage statement. If not, an employer is subject to statutory penalties. Those premium payments are a form of wages, said the court, “subject to the same timing and reporting rules as other forms of compensation for work.”
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