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.
Overtime
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…
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…
Texas Judge Orders Nationwide Halt of the DOL’s New Overtime Rule
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 the salary threshold for certain overtime exemptions under the Fair Labor Standards Act (FLSA). The…
21 States Sue the DOL to Stop Implementation of the New DOL Overtime Rule; Congress Weighs in Too
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 for the highly compensated employee exemption from $100,000 per year to $134,004 per year, and…