If you are a California employee, your employer likely must pay you sick pay at your “regular rate of pay,” which includes non-discretionary bonuses and shift premiums, as well as your base hourly rate of pay. Moreover, if your employer fails to pay you sick pay correctly, this can entitle you to “waiting time penalties” amounting to 30 days’ worth of wages.
These are the likely takeaways from a recent order by a California federal court judge, which denied Walmart’s motion to dismiss a case premised on these theories.
A copy of the federal court’s decision can be found here.
If you are paid sick pay only at your base rate excluding bonuses or shift premiums, please feel free to reach out to Lebe Law for a free consultation.