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Summer Is Almost Here: What Should Agencies Know About The Recreational...
This blog post was authored by Stacy Velloff. Many agencies offer seasonal recreational services during the summer months, such as swimming pools, beaches and summer camps. If you operate seasonal...
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Employee Time Spent Going Through Security Checks Is Not Compensable Work Time
This blog post was authored by James E. Oldendorph Jr. On December 9, 2014, the U.S. Supreme Court unanimously held that workers need not be paid for the time spent waiting to and actually undergoing...
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Labor Negotiations – A Defining Moment for Overtime Calculations
This blog post was authored by Michael Youril. With labor negotiations beginning, many public agencies need to take a fresh look at how they are defining their overtime obligations in their labor...
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Second Circuit Adopts the “Primary Benefits Test” to Distinguish between...
This blog post was authored by Juliana Kresse. In 2013, we reported on the “Black Swan” lawsuit, a case brought by unpaid interns who worked on the film and claimed that they were employees entitled...
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Balestrieri v. Menlo Park Fire Protection District Adds Clarity to What Type...
This blog post was authored by Jennifer Rosner. On December 9, 2014, in Integrity Staffing Solutions, Inc. v. Busk[1], the U.S. Supreme Court held that workers need not be paid for time spent waiting...
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Four Mistakes to Avoid When Calculating the Regular Rate of Pay and Overtime Pay
This blog post was authored by Liara Silva. Calculating an employee’s regular rate of pay and overtime pay is no small task. The FLSA requires that an employee who works overtime be compensated at a...
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The Anticipation And Wait Is Over – The New FLSA Salary Basis Test...
This post was authored by Jolina A. Abrena and Gage Dungy On May 18, 2016, the U.S. Department of Labor (“DOL”) issued new regulations modifying the weekly salary and annual compensation threshold...
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The Ninth Circuit Holds that Cash Payments Made to Employees in Lieu of...
On Thursday, June 2, 2016, the Ninth Circuit issued a long-awaited decision in a case called Flores v. City of San Gabriel, which involved a group of police officers who sued their City employer for...
View ArticleTips from the Table: FLSA and Contract Overtime
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...
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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”)....
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California Supreme Court Rules that State Law Requires a Different Regular...
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...
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Challenges Involved in Paying Non-Exempt Employees for Training and Travel...
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...
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Department Of Labor Proposes to Increase the Minimum Salary to Qualify for...
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...
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A 3.8 Million Dollar Jury Verdict Is A Good Reminder That The FLSA Guarantees...
This post was authored by Lisa S. Charbonneau. A recent jury decision from the federal trial court in Arizona shows how expensive it can be to ignore a federal law that requires employers to provide...
View ArticleThe Long-Awaited FLSA Salary Basis Update Is Finally Here – What This Means...
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...
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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...
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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...
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DOL Proposes New Rule to Broaden Application of Fluctuating Workweek Method...
There are two ways an FLSA covered employer may pay a nonexempt employee a fixed salary: the employer may pay a salary for a specific number of hours each week or the employer may pay a salary for...
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The US Department of Labor Sets Forth New Guidance Regarding the...
On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act...
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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...
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