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
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 –
Challenges Involved in Paying Non-Exempt Employees for Training and Travel Time: An Example
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 issue, public agency employers must follow the rules of the Fair Labor Standards Act
California Supreme Court Rules that State Law Requires a Different Regular Rate of Pay Calculation than the Fair Labor Standards Act
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 Code for back overtime compensation under the theory that his employer had incorrectly calculated
The Ninth Circuit Provides Guidance Regarding Compliance with the Minimum Wage Provision of the FLSA
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 result has also been adopted by Second, Fourth, Eighth, and D.C. Circuits, and is reflective