Author Archives: Sarah Moffett

Cash Payments Made To Employees In Lieu Of Health Benefits Must Be Factored Into Overtime Pay Under The FLSA

In Flores v. City of San Gabriel, the Ninth Circuit held that cash payments made by the City to its employees in lieu of healthcare benefits must be factored into the base pay that is used to calculate overtime pay (1.5 times base pay). The City provided a “Flexible Benefits Plan” to its employees, under which it gave employees a designated monetary amount to aid in the purchase of healthcare (vision, dental, and medical) benefits. Employees had the choice to obtain medical benefits through the City or receive cash instead. The cash was added to the employees’ paychecks as a …

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A Busy EEOC: 99,412 Charges Filed in 2012

The U.S. Equal Employment Opportunity Commission (EEOC) was busy in fiscal year 2012. On January 25, 2013, the EEOC announced that it received 99,412 private sector workplace discrimination charges for fiscal year 2012, which runs from October 1 to September 30. The most frequently filed charges were for retaliation (37,836), race (33,512) and sex discrimination (30,356), which includes allegations of sexual harassment and pregnancy, respectively. This was slightly less than fiscal year 2011, which saw 99,947 charges in the private sector. While the vast majority of the charges filed led to no cause findings, the EEOC filed 122 lawsuits including …

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