California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

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Category Archives: FLSA

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Summer Is Almost Here: What Should Agencies Know About The Recreational Establishment Exemption For Seasonal Employment?

Posted in FLSA, Wage and Hour
This blog post was authored by Stacy Velloff. Many agencies offer seasonal recreational services during the summer months, such as swimming pools, beaches and summer camps.   If you operate seasonal recreational services, the employees you hire may be exempt from minimum wage and overtime requirements.  Read on: A.) What is the Recreational Employees Exemption? The … Continue Reading

U.S. Supreme Court Will Review Whether Employee Time Spent Going Through Security Checks Is Compensable

Posted in FLSA, Wage and Hour
This blog post has by James E. Oldendorph Jr. On March 3, 2014, the U.S. Supreme Court agreed to hear a case which questions whether employees of companies such as Amazon.com, and companies that provide staffing services to Amazon.com, must be paid for time spent going through security screenings similar to those found in airports, … Continue Reading

Are Your IT Employees Paid Correctly?

Posted in FLSA, Wage and Hour
This blog post was authored by Emily Muscatell. Public agencies are subject to the Fair Labor Standards Act (“FLSA”), a federal law that regulates payment of wages.  Under FLSA certain employees are “exempt,” meaning they are not entitled to be paid overtime.  Navigating the FLSA exemptions can be a tricky task, but compliance is critical … Continue Reading

The Public Records Act: Maintenance of Records and Maintenance of Recordings Public Meetings

Posted in FLSA, Public Sector
The following questions, which implicate the Public Records Act, are frequently asked:  how long does an agency need to retain and maintain public records? How long does an agency need to retain the recordings of public meetings? The purpose of the Public Records Act (PRA) is to give the public access documents and other stored … Continue Reading

The Holidays Are a Good Time to Review Regular Rate of Pay Calculations

Posted in FLSA, Wage and Hour
This blog post was authored by Shardé C. Thomas With employees requesting time off for upcoming holidays and flu season beginning, employers should review holiday pay and sick leave buyback provisions to ensure compliance with the FLSA regular rate of pay requirements.   The FLSA requires that an employee who works overtime must be compensated for … Continue Reading

The Importance of Being Earnest in Classifying Employees Exempt From Overtime under the Administrative, Executive and Professional Exemptions

Posted in FLSA, Wage and Hour
This blog post was authored by Meredith Karasch If you think your agency has classified exempt employees correctly, you may want to take a second look.  Last month, we reported on the Department of Labor (“DOL”) audit that resulted in an award of $544,715 in back wages against the San Francisco Giants.  Part of that … Continue Reading

San Francisco Giants Strike Out Against the Department of Labor

Posted in FLSA, Wage and Hour
This blog post was authored by Jennifer Palagi. The United States Department of Labor (“DOL”) has jurisdiction over all federal labor and employment laws, including the Fair Labor Standards Act (“FLSA”).  The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local … Continue Reading

The Importance of Adopting the Section 7(k) Overtime Exemption in the Applicable Fire Protection or Law Enforcement MOU

Posted in FLSA, Wage and Hour
This blog post was authored by Leighton Davis What is the Section 7(k) Exemption? Unless an overtime exemption applies, the Fair Labor Standards Act (FLSA) requires employers to pay their employees overtime compensation for any work performed in excess of 40 hours in a workweek, defined as seven consecutive days.  While the white collar overtime … Continue Reading

Unpaid Internship Saga Continues

Posted in FLSA, Wage and Hour
In February we reported on the growing number of lawsuits brought by unpaid interns against companies they worked with for failure to pay regular and overtime wages.  The unpaid interns claim that these businesses treated them like employees.  Consequently, the interns argue they should have been paid like employees as required by the federal Fair … Continue Reading

Common Pitfalls in Using 9/80 Schedules and How to Avoid Them

Posted in FLSA, Wage and Hour
Many public employers utilize 9/80 work schedules for non-exempt employees.  A 9/80 work schedule is essentially a two-workweek schedule of eight 9-hour days, one 8-hour day, and one day off.  However, once the 9/80 work schedule is implemented, there are a number of mistakes unsuspecting employers often make which can inadvertently trigger overtime liability. These … Continue Reading

Exempt Employees Taking Time Off–When Can an Employer Dock Pay? When Does an Employer Have to Pay?

Posted in FLSA, Wage and Hour
This blog post was authored by Emily Muscatell Deciding how much to pay an exempt employee who is absent can be tricky.  If an exempt employee has accrued leave, the employer may require the employee to use his or her accrued leave, regardless of whether the employee is out for personal or medical reasons.  But … Continue Reading

Employee Usage of Smartphones After Hours – Are Employers Liable for Overtime?

Posted in FLSA, Wage and Hour
This blog post was authored by Maila Labadie Emerging technologies and increased demand for worker productivity during lean economic times have changed the way Americans work.  Today, employees routinely check their smartphones at all hours for emails, text messages, voicemails, and other electronic transmissions.  The modern workplace includes anywhere within range of a wireless signal.  … Continue Reading

Automatic Deduction Policies – How to Ensure They Comply with the FLSA

Posted in FLSA, Wage and Hour
This blog post was authored by Alison Kosinski  Many employers have chosen to implement “auto-deduct” policies, which automatically deduct a set amount of time each day or shift for an employee’s meal break.  While the Department of Labor has stated that automatic deductions are lawful under the Fair Labor Standards Act (FLSA), these policies may … Continue Reading

Can an Employer Change its Workweek to Limit its Overtime Obligations? California Court May be Out of Step

Posted in FLSA, Wage and Hour
This blog post was authored by Paul Knothe A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employer’s change to employees’ FLSA workweeks with the purpose of  limiting the employer’s overtime obligations to “evade” the overtime requirements of the FLSA.  The decision has come under sharp criticism … Continue Reading

How Much Flexibility Does A Public Employer Have With Compensatory Time Policies?

Posted in FLSA, Wage and Hour
This post was authored by Jennifer Rosner Many employers enter into agreements with employee associations giving employees the right to earn compensatory time off (CTO)  in lieu of cash for overtime.   However, if an employer provides CTO, must employers allow its employees to use CTO at the employees’ option?  In 1987, the Department of Labor … Continue Reading

To Pay or Not to Pay: Legality of Unpaid Internships Is Questioned

Posted in FLSA, Wage and Hour
Employers have for years utilized unpaid internship programs to give students and recent college graduates a chance to gain work experience.  However, since the recession began in 2008, a growing number of unpaid interns have accused their employers of exploiting them.  There are currently several class action lawsuits working their way through the courts that … Continue Reading

Can an Early Settlement Offer Moot an FLSA Case?

Posted in FLSA, Wage and Hour
The U.S. Supreme Court will soon issue a decision on whether an employer’s offer to an employee of the full amount of claimed overtime pay moots that employee’s Fair Labor Standards Act (“FLSA”) case, and stops any larger scale collective action that employees and their attorneys might bring. Under the FLSA, most employees who work … Continue Reading

5 New Year’s Resolutions for Public Employers

Posted in Employment, FLSA, Personnel Issues, Workplace Policies
With the beginning of each new year, we make resolutions that often involve improving ourselves:  lose weight; eat healthier; get organized.  The new year is also a good time for personnel and human resources directors, managers and analysts to resolve to make their agencies an even better place to work and to reduce risk.  Here … Continue Reading

Nurse’s Unsuccessful FLSA Claim To Recover for Missed Meal Breaks Highlights Importance Of Having Overtime Reporting Procedures

Posted in FLSA, Wage and Hour
The U.S. Court of Appeals for the Sixth Circuit in Ohio recently issued a decision rejecting a nurse’s claim for compensation for missed meal breaks under the Fair Labor Standards Act (“FLSA”).  Not only is the holding in White v. Baptist Memorial Health Care Corp a victory for employers, but it underscores the importance of … Continue Reading