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 …
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 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 …
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 …
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 …
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 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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 …
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 …
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 …
In May of this year, the U.S. Department of Labor (DOL) issued a new rule that raises the federal salary basis for exempt employees to $47,476 per year, effective December 1, 2016. The rule also increases the salary threshold level …
This post was authored by David Urban and Christina Rentz
On August 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an order declining to reconsider en banc its decision in Flores v. City of San Gabriel…
This blog post was authored by Jennifer Palagi.
A number of developments this year – the recent decision in Flores v. City of San Gabriel on the intersection of wage and hour law and employer health plans, the new …
One particularly difficult challenge in complying with the strict minimum wage and overtime requirements of the Fair Labor Standards Act is an employer’s computerized timekeeping, payroll and/or accounting systems. For the vast majority of public sector employers, timekeeping is automated, …