Is the Holiday Over? Public Agencies May Face Wave of FLSA Suits

CATEGORY: Authored Articles
CLIENT TYPE: Public Employers, Public Safety
AUTHOR: Jesse Maddox
PUBLICATION: The Daily Journal
DATE: Apr 03, 2019

This article authored by Jesse Maddox addresses the issues public agencies face with holiday pay and overtime in accordance to the Fair Labor Standards Act (FLSA). The article discusses the recent federal district court decisions in California, in which it was determined that public employers that provide nonexempt employees who sporadically work holidays the benefit of holiday pay, but do not include the benefit in employees’ regular rate of pay when calculating overtime, can be sued for underpaid overtime in violation of the Fair Labor Standards Act. Employee unions are increasingly taking advantage of these recent decisions to sue agencies with whom they have negotiated the holiday pay benefit. Specifically, police and firefighters’ unions have targeted public agencies that do not include union members’ holiday pay in the regular rate.

To read the full article on The Daily Journal website, click here.