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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 – continue together to provide a resounding “wake-up call” to employers.  It is important to assure FLSA compliance this year. An…
This blog post was authored by Jennifer Rosner. In a 2014 decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).  However, buyer beware!  If an employee affirmatively declines to use FMLA to which he/she would otherwise be entitled, the employer may be shielded from a lawsuit if it takes an adverse employment action…
This post was authored by Juliana Kresse Many agencies provide their employees with per diem stipends while the employee is traveling for work.  Is your agency including this amount when calculating the regular rate of pay for overtime under the FLSA?  In Sharp v. CGG Land, Inc. (10th Cir. 2016) 840 F.3d 1211, the Tenth Circuit confirmed that agencies may properly exclude per diem stipends from the regular rate calculation. Background In the Tenth…
This post was authored by Danny Y. Yoo This year has kept many agencies on their toes when it comes to complying with the Fair Labor Standards Act.  This summer, the Ninth Circuit issued its Flores v. City of San Gabriel decision and changed the way many agencies calculate their regular rate of pay.  You can read about Flores here and here. Also in the summer, the federal Department of Labor (“DOL”) issued new…
This post was authored by David Urban and Christina Rentz On August 23, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an order declining to reconsider en banc its decision in Flores v. City of San Gabriel. That case, decided in June of 2016, has had far-ranging and significant impacts on the way public agencies compensate employees and provide benefits.  The opinion in Flores was issued by a three-judge panel of…
This blog post was authored by Jennifer Palagi. A number of developments this year – the recent decision in Flores v. City of San Gabriel on the intersection of wage and hour law and employer health plans, the new changes coming December 1, 2016 to overtime exemption rules under the Fair Labor Standards Act (“FLSA”), and the U.S. Department of Labor’s (“DOL”) increased scrutiny of employers’ FLSA practices – together provide a resounding “wake-up…
This blog post authored by Alison R. Kalinski. The United States Court of Appeals for the Fourth Circuit (covering such east coast states as Virginia, West Virginia, and Maryland) recently held that a group of fire Captains are entitled to overtime under the FLSA because their primary duty is being a first responder.  The case, Morrison v. County of Fairfax, Virginia, was decided June 21, 2016.  In Morrison, over 100 current and former fire…
This blog post was authored by Christopher Frederick. Minimum Wage provisions The Santa Monica City Council recently passed a minimum wage and sick leave ordinance that will increase the minimum wage for all private sector employees working in the City of Santa Monica effective July 1, 2016.  The ordinance was approved by the City Council on January 26, 2016.  While this particular ordinance does not apply to the public sector, it is a good…
This blog post was authored by Alex Polishuk. Effective January 1, 2016, California’s minimum wage increased to $10.00 per hour. This rate is applicable to and affects independent schools. At first glance, the takeaway from the new law seems apparent – a rise in minimum wage increases the hourly compensation for hours worked by minimum-wage employees. The change is particularly important when considered in combination with recent legal precedents that have expanded the meaning…
 This blog post was authored by Danny Y. Yoo. Many parents are vigilant in monitoring their children’s “screen time” to limit the child’s exposure to handheld devices, such as iPads.  They will often implement rules, such as “No phones at the dinner table,” or “No screens after 8:00 p.m.”  Are employers as vigilant in monitoring their employees’ time on the same devices when those devices can be used for work? Jeffrey Allen is a…