Reversing the decisions of the trial court and Court of Appeal that had ruled in favor of the employer, the California Supreme Court has held that a California employer cannot use the federal formula for calculating overtime on a flat sum bonus during a single pay period, but must use the method created by the California Division of Labor Standards Enforcement Manual instead.

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. While it would likely be business as usual for most private employers in the United States, H-2A users could be dramatically impacted.

That is because U.S. Department of Labor (DOL) staff that process H-2A foreign labor certifications are deemed “non-essential” during government shutdowns and are furloughed until the government reopens. H-2A applications that have not been certified by the shutdown will sit in the queue indefinitely.

Jason Resnick

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Work Place Regulations

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