Ferra v. Loews Hollywood Hotel, LLCAnnotate this Case
Plaintiff, on behalf of herself and three alleged classes of hourly Loews employees, filed suit alleging that Loews improperly calculated her premium payment when Loews failed to provide her with statutorily required meal and/or rest breaks, in violation of Labor Code section 226.7, and Loews underpaid her by unlawfully shaving or rounding time from the hours she worked.
The Court of Appeal held that the statute's plain language, statutory history, and federal case precedent differentiates "regular rate of compensation" from "regular rate of pay." The court also held that Loew's facially neutral rounding policy did not systematically undercompensate its employees over time. Therefore, there was no triable issue of material fact and Loews was entitled to judgment as a matter of law.