This post was authored by Megan Lewis.
The United States Supreme Court may be gearing up to decide whether, under the Equal Pay Act, employers can consider an employee’s previous salary history when setting the employee’s rate of pay. …
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Now is The Time to Consider an FLSA Audit!
Posted in Wage and Hour
This blog post was authored by Jennifer Palagi.
A number of developments – the 2016 decision in Flores v. City of San Gabriel on the intersection of wage and hour law and employer health plans and the U.S. Department …
It’s Not FMLA Unless I Say So!
Posted in FMLA, Wage and Hour
This blog post was authored by Jennifer Rosner.
In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave …
Court Confirms Commute Time in Company Vehicle is Non-Compensatory
Posted in Wage and Hour
This post was authored by Erin Kunze.
Last month, the Court of Appeal for the Third Appellate District of California found that an employee’s time traveling between home and a job site in an employer’s vehicle was not compensable, …
Origins and Applications of the Home Rule Doctrine
Posted in Constitutional Rights, Labor Relations, Personnel Issues, Public Sector, Wage and Hour
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 …
Challenges 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 Legislature Aims to Clarify Salary History and Equal Pay Statutes
Posted in Wage and Hour
This post was authored by Paul Knothe.
Assembly Bill 2282, signed into law by Governor Brown on July 18, 2018, attempts to clarify elements of California’s salary history and equal pay statutes, Labor Code sections 432.3 and 1197.5. This …
California Supreme Court Adopts New “ABC Test” for Classification of Independent Contractors: Potential Risk and Impact on Public Agencies
Posted in Wage and Hour
This post was authored by Richard C. Bolanos and Michael J. Le.
On April 30, 2018, the California Supreme Court issued a decision in the case of Dynamex Operations West, Inc. v. Superior Court (S222732), in which it established …
Not So Fast! The Ninth Circuit Reverses Itself and Rules Employers Cannot Consider Applicants’ Prior Salary in Setting Rate of Pay
Posted in Wage and Hour
This post was authored by Megan Lewis.
Just one day before Equal Pay Day, April 10, 2018, the Ninth Circuit in Rizo v. Yovino ruled that an employer cannot perpetuate a gender pay gap by paying a female employee …
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 …
Labor Negotiations in 2017 – My Life at the Table
Posted in Labor Relations, Negotiations, Pension, Wage and Hour
This post was authored by Peter J. Brown
As 2017 comes to a close, it is a time of reflection for me since I have spent so much time this year in collective bargaining negotiations and in Board and Council …
The Ninth Circuit Provides Guidance Regarding Compliance with the Minimum Wage Provision of the FLSA
Posted in Wage and Hour, Workplace Policies
In Douglas v. Xerox Business Services, the Ninth Circuit became the latest circuit to rule that employers should look at the workweek as a whole to determine compliance with the minimum-wage provision of the Fair Labor Standards Act (“FLSA”). This …
The New Year is Nigh, and so is PEPRA’s Authority to Impose Increases to Member Contributions
Posted in Retirement, Wage and Hour
January 1, 2018, is just around the corner, and as of that date PERS contracting agencies, as well as employers in ‘37 Act county retirement systems, will for the first time have the legal ability to impose increases to the …
New Statute Prohibits Inquiries Into Applicant’s Private Sector Salary History
Posted in Employment, Hiring, Legislation, Wage and Hour, Workplace Policies
On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3. This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job …
Disaster and Medical Relief Workers: How to Compensate Public Employees Deployed to Help Others
Posted in Labor Relations, Military Leave, Wage and Hour, Workplace Policies
This post was authored by Stephanie J. Lowe and Brett A. Overby
Over the past two months, a series of hurricanes has caused devastation to the United States, Puerto Rico, and other regions. As a result, the National Disaster Medical …
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 …
Trend Alert: Closing the Wage Gap
Posted in Discrimination, Employment, Legislation, Wage and Hour, Workplace Policies
In 2015, women earned 80% of what men earned, according to the United States Census Bureau. The disparity is even more prevalent for women of color. But California has taken steps to close the wage gap, including amendments to the …
Summer Lovin’, Had Me A Look At The Recreational Establishment Exemption. Tell Me More, Tell Me More!
Posted in Wage and Hour
While Danny Zuko and Sandy may have had themselves a blast during those summer lovin’ months, this may be a good time for your agency to take a look at the FLSA “recreational establishment” exemption. This is a unique exemption …
The U.S. Supreme Court Lets Stand an Important FLSA Case on Cash Paid in Lieu of Health Benefits and Overtime Rates
Posted in Wage and Hour
On Monday, May 15, 2017, the U.S. Supreme Court denied the City of San Gabriel’s petition for review of Flores v. City of San Gabriel, a 2016 decision by the U.S. Court of Appeals for the Ninth Circuit that …
Apples and Oranges: Daily Meal Expenses Properly Excluded from the Regular Rate
Posted in Wage and Hour
This post was authored by Juliana Kresse
Many agencies provide their employees with per diem stipends while the employee is traveling for work. Is your agency including this amount when calculating the regular rate of pay for overtime under the …
No Bones About It: No Compensation for Canine Handlers Training to be Canine Instructors
Posted in Wage and Hour
This post was authored by Alison R. Kalinski
The United States Court of Federal Claims (a court with nationwide jurisdiction hearing specialized claims against the federal government) recently held that a group of certified canine handlers were not entitled to …
California’s Fair Pay Protections for Employees Expand in the New Year
Posted in Wage and Hour
California has statutorily prohibited unequal pay on the basis of sex since 1949. As a previous blog post explained, that law was amended in 2016 to formally change the standard for equal pay claims based on sex. Instead of …
California’s New Minimum Wage Takes Effect on January 1, 2017 – Are You Ready?
Posted in Wage and Hour
This post was authored by Danny Y. Yoo
This year has kept many agencies on their toes when it comes to complying with the Fair Labor Standards Act. This summer, the Ninth Circuit issued its Flores v. City of San …
Texas Judge Orders Nationwide Halt of the DOL’s New Overtime Rule
Posted in Wage and Hour
On Tuesday, November 22, 2016, Judge Amos Mazzant of the U.S. District Court in the Eastern District of Texas (a 2014 Obama-appointee) issued a preliminary injunction barring implementation of the U.S. Department of Labor’s (DOL) new rule (“Final Rule”) raising …