The height of the COVID-19 pandemic may be behind us, but the many shifts it prompted in workplace dynamics could be here to stay. One such trend is in the spotlight due to a recent New York Times investigative report: an increasing number of employers are utilizing digital monitoring software that can provide a
Special Wage and Hour Laws for Summer Employees: Are Lifeguards and Camp Counselors Exempt?
This post appeared in June 2015. It has been reviewed and is up to date.
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, swim instructors and boathouse attendants. In recognition that
Common Pitfalls in Using 9/80 Schedules and How to Avoid Them
This article was reviewed in May 2021 and is up-to-date.
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 a number of mistakes unsuspecting
COVID Briefing: Legal Issues with Taking Employee Temperatures
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures
Can California Public Employers Take a Break From Certain State Labor Law Requirements?
It might surprise many California public employers that there is no law that requires them to provide meal and rest breaks to most of their employees. Similarly, there is no law that requires California public employers to pay overtime to most of their employees for working over eight hours in a day or pay “double
The DOL Provides Welcome Clarifications Regarding Exclusions from the FLSA Regular Rate of Pay
On December 12, 2019, the Department of Labor (DOL) announced a Final Rule that clarifies and amends federal regulations concerning the regular rate of pay under the federal Fair Labor Standards Act (FLSA). Many of the affected regulations date back more than 60 years, long before the FLSA was made applicable to the public sector.
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
The Long-Awaited FLSA Salary Basis Update Is Finally Here
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 Fair Labor Standards Act (FLSA) overtime requirements. The final rule will become effective on January 1, 2020. It is critical for employers to become familiar with the
DOL Proposes Changes to the Rules Governing Payments to Exclude from the Regular Rate
This Special Bulletin was authored by Lisa S. Charbonneau
On March 29, 2019, the Department of Labor (DOL) published proposed new rules on the Regular Rate requirements (i.e., the rate at which overtime must be paid) under the Fair Labor Standards Act (FLSA). The proposed rules may be found here. The comment period for
Department Of Labor Proposes to Increase the Minimum Salary to Qualify for FLSA Overtime Exemptions
This Special Bulletin was authored by Tony G. Carvalho.
On March 7, 2019, the Department of Labor (DOL) published a Notice of Proposed Rulemaking that, if implemented, will affect the minimum wage and overtime-exempt status of many employees under the Fair Labor Standards Act (FLSA). The proposed changes concern the “salary basis test” applicable