context: The California Supreme Court has long held that state wage and hour laws "although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act (FLSA) and accompanying federal regulations."
citation_a.signal: see also
citation_a.parenthetical: rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work
citation_a.sentence: Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.Rptr.3d 514, 231 P.3d 259 (2010) (reiterating Ramirez’s, holding “that where the language or intent of state and federal labor laws substantially differ, reliance on federal regulations or interpretations to construe state regulations is misplaced”; when “the IWC intended the FLSA to apply to wage orders, it has specifically so stated.”); Morillion v. Royal Packing Co., 22 Cal.4th 575, 592, 94 Cal.Rptr.2d 3, 995 P.2d 139 (2000); Tidewater Marine W., Inc. v. Bradshaw, 14 Cal.4th 557, 573-74, 59 Cal.Rptr.2d 186, 927 P.2d 296 (1996) (rejecting federal rule for calculating the overtime rate of pay in a California overtime claim); see also Gonzalez v. Downtown LA Motors, LP, 215 Cal.App.4th 36, 40, 155 Cal.Rptr.3d 18 (2013) (rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work); Armenta v. Osmose, Inc., 135 Cal.App.4th 314, 323-24, 37 Cal.Rptr.3d 460 (2005) (FLSA minimum wage standards different' from California’s significantly; employer violated minimum wage statute even if average of paid and unpaid hours exceeded minimum wage).
citation_b.signal: see
citation_b.identifier: 14 Cal.4th 557, 573-74
citation_b.parenthetical: rejecting federal rule for calculating the overtime rate of pay in a California overtime claim
citation_b.sentence: Ramirez v. Yosemite Water Co., 20 Cal.4th 785, 795, 85 Cal.Rptr.2d 844, 978 P.2d 2 (1999); see Martinez v. Combs, 49 Cal.4th 35, 67, 68, 109 Cal.Rptr.3d 514, 231 P.3d 259 (2010) (reiterating Ramirez’s, holding “that where the language or intent of state and federal labor laws substantially differ, reliance on federal regulations or interpretations to construe state regulations is misplaced”; when “the IWC intended the FLSA to apply to wage orders, it has specifically so stated.”); Morillion v. Royal Packing Co., 22 Cal.4th 575, 592, 94 Cal.Rptr.2d 3, 995 P.2d 139 (2000); Tidewater Marine W., Inc. v. Bradshaw, 14 Cal.4th 557, 573-74, 59 Cal.Rptr.2d 186, 927 P.2d 296 (1996) (rejecting federal rule for calculating the overtime rate of pay in a California overtime claim); see also Gonzalez v. Downtown LA Motors, LP, 215 Cal.App.4th 36, 40, 155 Cal.Rptr.3d 18 (2013) (rejecting FLSA averaging in favor of California requirement to be paid minimum wage for all hours required to remain at work); Armenta v. Osmose, Inc., 135 Cal.App.4th 314, 323-24, 37 Cal.Rptr.3d 460 (2005) (FLSA minimum wage standards different' from California’s significantly; employer violated minimum wage statute even if average of paid and unpaid hours exceeded minimum wage).