Legal Opinion

Alvarado v. Dart Container Corp. of Cal.

California Court of Appeal, 4th District

Decided January 14, 2016No. E061645Published

1Opinion of the CourtCodrington, J.

*1204I

INTRODUCTION

Plaintiff Hector Alvarado (plaintiff) appeals summary judgment entered in favor of defendant Dart Container Corporation of California (defendant). The facts are undisputed. This appeal raises the sole question of law of whether defendant's formula for calculating overtime on flat sum bonuses paid in the same pay period in which they are earned is lawful. We conclude it is. There is no California law specifying a method for computing overtime on flat sum bonuses, and defendant's formula complies with federal law, which provides a formula for calculating bonus overtime. We…

2Cases cited16 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
  3. Brinker Restaurant Corp. v. Superior CourtCalifornia Supreme Court · 2012
  4. Merrill v. Navegar, Inc.California Supreme Court · 2001
  5. Walling v. Youngerman-Reynolds Hardwood Co.Supreme Court of the United States · 1945

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