This Special Bulletin was authored by Tony G. Carvalho.
On March 7, 2019, the Department of Labor (DOL) published a Notice of Proposed Rulemaking that, if implemented, will affect the minimum wage and overtime-exempt status of many employees under …
Category Archives: FLSA
Subscribe to FLSA RSS FeedChallenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example
Posted in FLSA, Wage and Hour
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 …
California Supreme Court Rules that State Law Requires a Different Regular Rate of Pay Calculation than the Fair Labor Standards Act
Posted in FLSA, Wage and Hour
The post was authored by Lisa S. Charbonneau.
On March 5, 2018, the California Supreme Court issued a decision in the case Alvarado v. Dart Container Corporation, in which employee Hector Alvarado sued his employer under the California …
New FLSA Decision Sheds Light On Employee “Off-The-Clock” Claims
Posted in FLSA, Labor Relations, Litigation, Wage and Hour, Workplace Policies
This post was authored by Jolina A. Abrena
Over the past decade, employers have been daunted with increased litigation, including overtime cases filed under the Fair Labor and Standards Act (“FLSA”). Indeed, in the 2016 Fiscal Year, the Wage and …
Tips from the Table: FLSA and Contract Overtime
Posted in FLSA, Labor Relations, Tips from the TableWe are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. …
The Ninth Circuit Holds that Cash Payments Made to Employees in Lieu of Health Benefits Must be Included in the Regular Rate for Overtime Purposes under the FLSA
Posted in FLSA
On Thursday, June 2, 2016, the Ninth Circuit issued a long-awaited decision in a case called Flores v. City of San Gabriel, which involved a group of police officers who sued their City employer for three years of unpaid …
The Anticipation And Wait Is Over – The New FLSA Salary Basis Test Regulations Are Here!
Posted in FLSA
This post was authored by Jolina A. Abrena and Gage Dungy
On May 18, 2016, the U.S. Department of Labor (“DOL”) issued new regulations modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime …
Four Mistakes to Avoid When Calculating the Regular Rate of Pay and Overtime Pay
Posted in FLSA
This blog post was authored by Liara Silva.
Calculating an employee’s regular rate of pay and overtime pay is no small task. The FLSA requires that an employee who works overtime be compensated at a rate of at least …
Balestrieri v. Menlo Park Fire Protection District Adds Clarity to What Type of Work is Compensable Under the Fair Labor Standards Act
Posted in FLSA
This blog post was authored by Jennifer Rosner.
On December 9, 2014, in Integrity Staffing Solutions, Inc. v. Busk[1], the U.S. Supreme Court held that workers need not be paid for time spent waiting and undergoing security …
Second Circuit Adopts the “Primary Benefits Test” to Distinguish between Employees and Unpaid Interns under the FLSA
Posted in FLSA, Wage and Hour
This blog post was authored by Juliana Kresse.
In 2013, we reported on the “Black Swan” lawsuit, a case brought by unpaid interns who worked on the film and claimed that they were employees entitled to regular pay and …
Labor Negotiations – A Defining Moment for Overtime Calculations
Posted in FLSA, Wage and Hour
This blog post was authored by Michael Youril.
With labor negotiations beginning, many public agencies need to take a fresh look at how they are defining their overtime obligations in their labor agreements. Simple changes in language can clarify …
Employee Time Spent Going Through Security Checks Is Not Compensable Work Time
Posted in FLSA, Wage and Hour
This blog post was authored by James E. Oldendorph Jr.
On December 9, 2014, the U.S. Supreme Court unanimously held that workers need not be paid for the time spent waiting to and actually undergoing security screenings while leaving …
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 …
President Obama Plans Revisions To Federal Overtime Rules
Posted in Employment, FLSA, Wage and HourThis blog post was authored by Jeffrey C. Freedman and Brian P. Walter
Did you hear last week from the White House that the President plans to ask the U.S. Department of Labor to change the Fair Labor Standards Act …
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 …
It’s Almost Time for Spring Cleaning – An FLSA Audit Can Clean Out those Wage and Hour Cobwebs
Posted in FLSA, Wage and Hour
Spring is once again around the corner. As we clean out our closets and pull out our summer gear, what better time than also to dust off the cobwebs of old wage and hour practices. An FLSA audit is …
U.S. Supreme Court Defines “Changing Clothes” under the FLSA, Overruling Ninth Circuit Definition
Posted in FLSA, Wage and Hour
This blog post was authored by Alison Kosinski
In 2010, the Ninth Circuit held that the time police officers spend before and after their paid shifts donning and doffing is not compensable work time under the FLSA so long as …
Are Your IT Employees Paid Correctly?
Posted in FLSA, Wage and HourThis 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 …
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 Holidays Are a Good Time to Review Regular Rate of Pay Calculations
Posted in FLSA, Wage and Hour
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 …
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 …
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, …
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 …
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 …