In the White v. Davis Supreme Court decision, the court stated:
"Under the applicable federal regulation (29 C.F.R. § 778.315 (2002)), whenever a nonexempt employee works overtime, the FLSA requires the employer to pay the employee his or her full regular salary for the employee's straight time as well as at least one and one-half times the employee's regular salary for overtime hours worked." White v. Davis (2003) 30 Cal.4th 528, 578.
The obvious question arises, “If an officer takes a holiday or calls in sick, and then works OT, does the “flattened” OT hours count as OT for this purpose?”
Very good question. My humble opinion is … probably. However, if it were me, I would made sure I worked more OT hours than the hours of leave credit I used in a month.
Hopefully the State Supreme Court will take the case and none of this will matter this year.
"Under the applicable federal regulation (29 C.F.R. § 778.315 (2002)), whenever a nonexempt employee works overtime, the FLSA requires the employer to pay the employee his or her full regular salary for the employee's straight time as well as at least one and one-half times the employee's regular salary for overtime hours worked." White v. Davis (2003) 30 Cal.4th 528, 578.
The obvious question arises, “If an officer takes a holiday or calls in sick, and then works OT, does the “flattened” OT hours count as OT for this purpose?”
Very good question. My humble opinion is … probably. However, if it were me, I would made sure I worked more OT hours than the hours of leave credit I used in a month.
Hopefully the State Supreme Court will take the case and none of this will matter this year.
No comments:
Post a Comment