Upcoming events

Beyond the Base Rate: Evaluating Regular Rate of Pay in Wage and Hour Class Action and PAGA Claims

Program Description:

You don’t need to be a math wizard to handle regular rate of pay claims—but you do need to understand where the exposure lies. Whether you’re on the plaintiff or defense side, regular rate issues can drive significant risk in wage and hour class and PAGA actions.
This session focuses on identifying and evaluating the most common areas of exposure related to regular rate miscalculations. You’ll learn what claims are frequently raised, how exposure is typically calculated, and what legal and economic arguments can be made for or against liability, with an emphasis on mediation.

Topics will include:
• Overtime calculations involving bonuses or multiple rates of pay
• Applying the regular rate to meal and rest break premiums
• Regular rate considerations for sick pay
• Discretionary vs. non-discretionary bonus treatment
• Flat sum bonuses, production bonuses, and percentage-based bonuses
• Bonuses earned across different time periods
• Strategic arguments for minimizing (or maximizing) exposure in mediation
• Derivative penalties from regular rate violations
• Building and evaluating regular rate exposure for mediation
You may not walk away an expert economist, but you’ll leave with a clear grasp of the regular rate issues that drive exposure—and the knowledge to evaluate their impact on settlement value.