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 the intent of the parties, avoid costly interpretive disputes and lawsuits, and assist the agency in paying employees their correct wages.
When reviewing overtime
What is the Section 7(k) Exemption?
Unless an overtime exemption applies, the Fair Labor Standards Act (FLSA) requires employers to pay their employees overtime compensation for any work performed in excess of 40 hours in a workweek, defined as seven consecutive days. While the white collar overtime exemptions (administrative, executive and professional) set forth in
A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employer’s change to employees’ FLSA workweeks with the purpose of limiting the employer’s overtime obligations to “evade” the overtime requirements of the FLSA. The decision has come under sharp criticism from a federal court.
Under the FLSA, an