Page 23 - CPAAC_Fall2016

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

Next Steps for Your Agency

1. Focus preliminary efforts on coming into compliance
going forward.

• Evaluate whether your plan is bona fide.
• Ensure your regular rate calculation is correct.
• Take advantage of FLSA concepts such as offsets and work

periods to minimize overtime liability prior to incorporating cash
in lieu into your regular rate.

2. Consider updating your payroll system to separately
calculate your MOU overtime obligations and your
FLSA obligations every pay period / work period.

3. After getting into compliance, begin to evaluate
possible back liability.

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Other Issues to Consider

• Should you make changes to your CIL program?

– CIL is a mandatory subject of bargaining.
– May have Section 125, ACA, PEMHCA, other impacts.

• How to respond to inquiries re: Flores.

– Lawsuits have been filed – some not served.
– Should you sign a tolling agreement?
– Union reps may want to negotiate Flores-impacts, but you

may not need to bargain how you implement Flores to
come into compliance with the FLSA.

• Is it ever appropriate NOT to take any action?

Consult legal counsel re: any of the above.

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Thank You

Lisa S. Charbonneau

Attorney | San Francisco Office
415.512.3044 | lcharbonneau@lcwlegal.com
www.lcwlegal.com/Lisa-Charbonneau

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