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Flores v. City of San Gabriel: What Your Agency Needs to Know

County Personnel Administrators Association of California (CPAAC) Fall Conference | September 29, 2016
Presented by: Lisa S. Charbonneau

            Impact of Flores

            Chris also opts-out of medical coverage under the
              agency’s Section 125 Flexible Benefit Plan and
                      receives $800/month in Cash in Lieu

            • To calculate Chris’ regular rate of pay, determine
               the workweek equivalent of the monthly cash in lieu
               payments:

                  – Cash in lieu = $800/month
                  – Multiply $800 x 12 months in the year, then divide by 52

                     (weeks)
                  – ($800 * 12)/52 = $184.62/week

                               10

            Regular Rate of Pay Calculation
            with Cash In Lieu

                Chris is paid $80 per week in bilingual pay. Chris’ hourly
                    rate is $20.00 and 44 hours were worked during the
                                                 workweek.

               The workweek equivalent of Cash in Lieu (CIL) is $184.62.
              1. Multiply total hours worked times base: 44 x $20 = $880.00
              2. Add $80 bilingual pay for the week: $880 + $80 = $960.00
              3. Add CIL workweek equivalent: $960 + $184.62 = $1144.62
              4. Calculate the regular rate by dividing total amount earned by

                  total hours worked: $1,144.62/44 hours = $26.01

                        FLSA Regular Rate of Pay = $26.01

                               11

         IS THE PLAN BONA FIDE PER
                       FLORES?

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