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 …
Tag Archives: FLSA
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 …
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 …
It’s (Almost) Summertime, but the Livin’ is not Always Easy for Employers
Posted in Employment
Many kids and adults alike look forward to summer all year. Summer means longer days, more ice cream, and no school. However, summer can also mean challenges for employers. Though the issues discussed below can come up any time of …
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 …
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 …
Ninth Circuit Denies En Banc Review Of Flores v. City Of San Gabriel – A Landmark Case On FLSA Regular Rate And Health Benefits Plans Remains The Law: Are You Really Ready Now?
Posted in Wage and Hour
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…
2016 is the Year of the FLSA Audit!
Posted in Wage and HourThis 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 …
Don’t Blame the Payroll System!
Posted in Wage and Hour
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, …
The Fourth Circuit Holds that Fire Captains Are Non-Exempt Employees Under the FLSA Because Their Primary Job Duty Is Being a First Responder
Posted in Wage and Hour
This blog post authored by Alison R. Kalinski.
The United States Court of Appeals for the Fourth Circuit (covering such east coast states as Virginia, West Virginia, and Maryland) recently held that a group of fire Captains are entitled …
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 …
Siri, If I Have to Wait After My Shift for a Security Check, Is That Considered Work?
Posted in Wage and Hour
This blog post was authored by Danny Y. Yoo.
In December 2014, we reported on Integrity Staffing Solutions, Inc. v. Busk, a case involving Amazon.com, in which the United States Supreme Court held that time spent going through …
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 …
Special Wage and Hour Laws for Summer Employees: Are Lifeguards and Camp Counselors Exempt?
Posted in Wage and Hour This Blog post was authored by Lisa Charbonneau.
Many schools, colleges, and municipalities operate special programs and camps during the summer months. Staffing these programs and camps frequently involves hiring temporary or “seasonal” personnel, such as lifeguards, camp counselors, …
Timekeeping for Telecommuters Under the FLSA
Posted in Wage and Hour This blog post was authored by Alex Polishuk.
In today’s technological world, a rising number of employees telecommute, e.g. work from home. Employers who allow non-exempt employees to telecommute must remain mindful of their obligation under the Fair Labor …
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 …
Uniform Pay is Anything But Uniform: Should Yours Be Included in the Regular Rate of Pay?
Posted in Wage and Hour
This blog post was authored by Shardé C. Thomas.
Public employers often require employees to wear uniforms and the employers may reimburse employees to cover the cost of maintaining or replacing the uniforms. Some employers provide employees more than…
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 …
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 …
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 …