As discussed in greater detail on the Jackson Lewis website here, this week the Department of Labor published its Proposed Rule implementing the minimum wage increase for federal contractors ordered by the President through Executive Order earlier this year. Under the EO, the minimum wage for work covered by the Davis-Bacon Act or
public sector
City Clerk Not Member of Elected Official’s “Personal Staff”, Not Exempt from FLSA
By Noel P. Tripp on
Posted in Exemptions
While rules governing compensation of public sector employees can differ from the private sector (and be more expansive), the general overtime provisions of the Fair Labor Standards Act applies to public sector employees since the Supreme Court’s seminal decision in Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (U.S. 1985). Excluded…
LI Village Treasurer Is Exempt Administrative Employee Based on Purchasing Duties
By Noel P. Tripp on
Posted in Exemptions
Municipal workers have been protected by the FLSA since the Supreme Court’s landmark 1985 decision in Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (U.S. 1985) (though public sector employers are permitted to pay premium overtime via compensatory time rather than cash wages under 29 U.S.C. § 207(o)). However, as evidenced by a…
Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or Overtime
By Noel P. Tripp on
Posted in Coverage
The FLSA limits when an individual can provide services to an organization without compensation. See post dated April 6, 2010 “We Don’t Have to Pay Our Interns – Do We?” However, last month a panel of the Court of Appeals for the Fourth Circuit (including Retired Supreme Court Justice Sandra Day O’Connor sitting…