ALVARADO v. DART CONTAINER CORP. OF CALIFORNIA

No. S232607.

4 Cal.5th 542 (2018)

HECTOR ALVARADO, Plaintiff and Appellant, v. DART CONTAINER CORPORATION OF CALIFORNIA, Defendant and Respondent.

Supreme Court of California.

March 5, 2018.


Attorney(s) appearing for the Case

Dennis F. Moss ; Lavi & Ebrahimian, Joseph Lavi and Jordan D. Bello for Plaintiff and Appellant.

Quintilone & Associates, Richard E. Quintilone II and Alvin B. Lindsay for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Best Best & Krieger, Howard B. Golds and Elizabeth A. Han for Defendant and Respondent.

Manufacturers' Center for Legal Action, Linda E. Kelly , Patrick N. Forrest , Leland P. Frost ; Littler Mendelson, Michael J. Lotito and Elizabeth Parry for National Association of Manufacturers as Amicus Curiae on behalf of Defendant and Respondent.

Paul Hastings, Paul W. Cane, Jr. , Zachary P. Hutton and Jesse C. Ferrantella for California Employment Law Council and Employers Group as Amici Curiae on behalf of Defendant and Respondent.


OPINION

In this case, we decide how an employee's overtime pay rate should be calculated when the employee has earned a flat-sum bonus during a single pay period. Specifically, we consider whether the divisor for purposes of calculating the per-hour value of the bonus should be (1) the number of hours the employee...

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