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© 2012 Lathrop & Gage LL Presented by: Beth A. Schroeder, Esq. Lathrop & Gage LLP 1888 Century Park East, 10 th Floor Los Angeles, California 90067 310.789.4611 direct [email protected] WHAT’S COOKING FOR 2013? HOT EMPLOYMENT LAW TOPICS FOR THE HOSPITALITY INDUSTRY

© 2012 Lathrop & Gage LLP Presented by: Beth A. Schroeder, Esq. Lathrop & Gage LLP 1888 Century Park East, 10 th Floor Los Angeles, California 90067 310.789.4611

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2012 Lathrop & Gage LLP Presented by: Beth A. Schroeder, Esq. Lathrop & Gage LLP 1888 Century Park East, 10 th Floor Los Angeles, California 90067 310.789.4611 direct [email protected] Slide 2 2012 Lathrop & Gage LLP Hot Issues Regular Rate Issues/Salaried Non-Exempt Employees Labor Code 2802 Meal and Rest Breaks Life After Brinker? Social Media Slide 3 2012 Lathrop & Gage LLP Overtime Rules in California 1 times employees regular rate for hours over eight in a day or 40 in a week, or for the first eight hours on the seventh day of work in a work week 2 times employees regular rate for hours over twelve in a day or over eight on the seventh day in a work week Slide 4 2012 Lathrop & Gage LLP Regular Rate Federal and State Law Overtime is calculated on the basis of an employees regular rate Must include announced and expected bonuses, commissions, and other extra compensation, including service charges paid to the employee by the employer Slide 5