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
Common Pitfalls in Using 9/80 Schedules and How to Avoid Them
Most people are familiar with the regular 5-day, 40-hour workweek. Did you know there are alternatives to this “standard” schedule, including the popular 9/80 schedule? Although this schedule can provide increased work-life balance and flexibility for your employees, it has some serious pitfalls that can be costly for your agency. Read more about these common
The Long-Awaited FLSA Salary Basis Update Is Finally Here – What This Means For California Public Education Employers
This article was authored by Brian P. Walter and Lars T. Reed.
Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime requirements. The final rule will become effective on January 1, 2020. It
A Step Back For Equal Pay? Supreme Court Vacates 9th Circuit’s Decision in Rizo v. Yovino
This post was authored by Megan Lewis.
The United States Supreme Court has vacated the decision of Ninth Circuit U.S. Court of Appeals (which covers all of California) in Rizo v. Yovino, which established that employers cannot rely on an applicant’s prior salary history to justify paying one employee differently than another employee
Heroic Acts by California Peace Officers During the 2017 Las Vegas Shooting Inspire New California Law Allowing Employers to Extend Workers’ Compensation Protections to Peace Officers for Out-of-State Off-Duty Conduct
This blog was authored by Alysha Stein-Manes.
On October 1, 2017, several peace officers from the Orange County Sheriff’s Department were in attendance at the 91 Harvest Music Festival when a gunman opened fire on the crowd. Fifty-eight people were killed and over 800 injured. Several of these peace officers brought other festivalgoers to
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.
Will the Supreme Court Prohibit Employers From Considering Salary History in Setting Pay?
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. In doing so, the Court could clarify an area of the Equal Pay Act that
Now is The Time to Consider an FLSA Audit!
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 of Labor’s (“DOL”) increased scrutiny of employers’ FLSA practices as of several years ago –
It’s Not FMLA Unless I Say So!
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 Act (“FMLA”). However, buyer beware! If an employee affirmatively declines to use FMLA to which