Author Archives: Setareh Ebrahimian

Setareh Ebrahimian

About: Setareh Ebrahimian

Setareh is an associate in LeClairRyan’s litigation department and a member of the firm’s labor and employment team. Prior to joining LeClairRyan, Setareh worked for a firm focused solely on employment law. She has experience working on cases arising under Title VII, ADA, ADEA, FMLA, and the False Claims Act.

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 …