On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act (FLSA). The new guidance is set forth in Title 29 of the Code of Federal Regulations at Part 795.100 et seq. and is available online
A Suburban Cabana Battle Clarifies Brown Act’s Pending Litigation Disclosure Requirements
The California Ralph M. Brown Act (Brown Act) requires public agencies to conduct agency business in public at properly noticed open meetings, subject to very narrow exceptions. Under the Brown Act, meeting agendas must be published seventy-two hours prior to the governing body’s meeting. A legislative body cannot act on Items not on the agenda.
DOL Proposes New Rule to Broaden Application of Fluctuating Workweek Method of Calculating Overtime
There are two ways an FLSA covered employer may pay a nonexempt employee a fixed salary: the employer may pay a salary for a specific number of hours each week or the employer may pay a salary for whatever number of hours are worked in the week. Payment of a fixed salary for fluctuating hours
PERB Holds that Its Jurisdiction Includes Claims Brought By Employee Organizations that Represent Police Officers and Deputy Sheriffs
On July 15, 2019, the Public Employment Relations Board (PERB) issued a decision in the case, Association of Orange County Deputy Sheriffs v. County of Orange, PERB Decision No. 2657-M. At issue in the case was whether PERB has jurisdiction to hear claims brought by employee organizations that represent peace officers as that
A 3.8 Million Dollar Jury Verdict Is A Good Reminder That The FLSA Guarantees Break Time For Nursing Mothers
This post was authored by Lisa S. Charbonneau.
A recent jury decision from the federal trial court in Arizona shows how expensive it can be to ignore a federal law that requires employers to provide mothers with nursing children accommodations to express breast milk.
In 2010, Congress added section 7(r) to the Fair Labor
DOL Proposes Changes to the Rules Governing Payments to Exclude from the Regular Rate
This Special Bulletin was authored by Lisa S. Charbonneau
On March 29, 2019, the Department of Labor (DOL) published proposed new rules on the Regular Rate requirements (i.e., the rate at which overtime must be paid) under the Fair Labor Standards Act (FLSA). The proposed rules may be found here. The comment period for
New DOL Opinion Letter Addresses Employers’ Obligation to Designate FMLA Leave
This blog was authored by Lisa S. Charbonneau.
Should your agency permit employees to use their available paid leave accruals prior to designating leave as Family Medical Leave Act (FMLA)-qualifying, even if your agency knows the leave is FMLA qualifying from the start? A new Department of Labor (DOL) Opinion Letter issued by the
Is Minimum Wage a Matter of Statewide Concern? The Second Appellate District Says Yes, Applying the State Minimum Wage to Charter Cities (and Counties).
This post was authored by Lisa S. Charbonneau.
On February 25, 2019, the California Second Appellate District Court of Appeal issued a decision in the case Marquez, et al. v. City of Long Beach, holding that the state minimum wage applies to charter cities because minimum wages are a matter of statewide concern.
Origins and Applications of the Home Rule Doctrine
This post was authored by Lisa S. Charbonneau.
Under Article XI, Sections 4 and 5 of the California Constitution, charter cities and counties have exclusive authority to regulate and determine their own municipal affairs, free from intrusion by the state. These provisions of the Constitution are collectively referred to as the municipal affairs clause
Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example
This post was authored by Lisa S. Charbonneau.
Many employers struggle with properly paying non-exempt employees who attend courses, conferences, seminars, meetings, and other trainings. In the absence of labor agreement provisions or other agency rules or policies governing this issue, public agency employers must follow the rules of the Fair Labor Standards Act