Advanced-Tech Sec. Services, Inc. v. Superior Court, 163 Cal. App. 4th 700 (2008)

Ester Roman, who was employed as a security guard for Advanced-Tech, worked 12 hours on Labor Day 2006 and eight hours on Memorial Day 2007. Advanced-Tech’s employee handbook stated that employees who worked on designated holidays, including Labor Day and Memorial Day, would be paid 1.5 times their regular rate of pay for all hours worked on such holidays. Roman contended that on holidays, the premium rate (1.5 times her regular rate) was in fact her regular rate and that any overtime she was owed for work on such days should be paid at 1.5 times the higher rate. Relying on the Fair Labor Standards Act, which specifically exempts premium holiday pay from inclusion in the calculation of the regular rate, the Court of Appeal issued a writ of mandate directing the superior court to set aside its order denying Advanced-Tech’s motion for summary adjudication and to enter a new order granting the motion in favor of the employer.