In Cadena v. Customer Connexx LLC, decided on July 10, 2024, the United States Court of Appeals for the Ninth Circuit (which includes California) recently affirmed the applicability of the “de minimis” doctrine, which provides that under the Fair Labor Standards Act (FLSA) employers are not required to pay wages for work performed before or
Overtime
Common Pitfalls in Using 9/80 Schedules and How to Avoid Them
This blog article was authored by Partner Liz Arce in 2013 and continues to be one of our most popular articles. This post was reviewed in May 2024 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,…
Compensatory Time Off: Navigate the Vacation Rush for Smooth Sailing
The days are getting longer and the vacation requests are piling up. If your agency uses compensatory time off, or “CTO,” granting vacation requests can be tricky when everyone wants to take time off at the same time.
What is CTO?
The Federal Labor Standards Act (“FLSA”) requires employers to pay employees at least 1.5x…
Tips from the Table: How To Cover FLSA Overtime In Your Labor Contract
We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.
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 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…
Tips from the Table: Evaluating “Flores” Compliance at the Table
We are excited to continue our video series – Tips from the Table. In these monthly videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.
New FLSA Decision Sheds Light On Employee “Off-The-Clock” Claims
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 Hour Division (“WHD”) of the U.S. Department of Labor determined that there were violations in…
Summer Lovin’, Had Me A Look At The Recreational Establishment Exemption. Tell Me More, Tell Me More!
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 that will exempt those employees working at “recreational establishments” from the traditional overtime threshold of…
The U.S. Supreme Court Lets Stand an Important FLSA Case on Cash Paid in Lieu of Health Benefits and Overtime Rates
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 offered new interpretations of the Fair Labor Standards Act (FLSA). Therefore, Flores remains the governing…