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 …
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 …
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 …
We 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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
This 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …