Advanced-Tech Security Services, Inc. v. Superior Court of Los Angeles County

— Labor Code section 510, subdivision (a) mandates that an employer pay an employee time and one-half for (1) more than eight hours of work in one workday, and (2) more than 40 hours of work in any workweek. In this case, the employer agreed to pay the employee a premium rate of one and one-half times her regular rate of pay for work on designated holidays. The issue presented here is whether the employee is entitled to time and one-half of the premium holiday pay as overtime if the employee works more than eight hours in a day or 40 hours in a week.

We hold that the plain language of section 510 does not require an employer to compensate an employee at a rate higher than one and one-half times the regular rate of pay under the circumstances presented here. The employer is entitled to credit the time-and-one-half premium pay on holidays against otherwise earned overtime. Accordingly, we issue a writ of mandate and direct respondent court to vacate its order denying the employer’s motion for summary adjudication as to real party in interest’s first cause of action for failure to pay overtime compensation and enter a new and different order granting the summary…