DOL’s New “Final Rule”

If you, like many public sector employers, are in the dark about the FLSA’s byzantine protocols when deciding which payments you must include when calculating employees’ regular rate of pay for overtime purposes, then this video is for you! Partners Jeff Sloan and Steve Shaw break it down in this 2020 CALPELRA* conference session.

Parts of the Fair Labor Standards Act are opaque and antiquated, and the interpretive guidance provided by U.S. Department of Labor regulations often leaves even experienced human resources, payroll, and employment law practitioners unsure about how to handle complex overtime issues. Significant risks associated with FLSA violations, including liquidated damages and attorneys’ fees, have, unfortunately, provided incentives for public agencies to settle questionable cases. In December 2019, the DOL issued a “Final Rule” clarifying which premiums employers must include when calculating employees’ regular rate of pay – with the intended outcome of making it easier for employers to offer certain types of perks/benefits without the fear of being sued for inadvertent FLSA violations. The Final Rule was the first significant update to the regulations governing regular rate in over 50 years.

In this video, you’ll learn about the Final Rule and its practical effects, including the interplay between DOL regulations, guidance, and federal court decisions, including what deference, if any, will be afforded to the DOL promulgations; pending lawsuits and challenges concerning “holiday in-lieu” pay for fire and police employees and how this dispute has become the new Flores v. City of San Gabriel; and disputes concerning FLSA compliance that the Final Rule will likely trigger.

To obtain MCLE credit, please complete the evaluation form for this presentation and email it to cayers@sloansakai.com.  Upon receipt we will send you a certificate of attendance for your records.

*The California Public Employers Labor Relations Association is a professional, nonprofit California association established in 1975, comprised of public sector management representatives responsible for carrying out the labor relations / human resource programs for their jurisdictions. CALPELRA helps California public sector employers better serve their communities by providing comprehensive, quality training in labor relations and personnel management and by fostering professional development with a dynamic network of support.