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UPE News Item

005/008 Meet & Confer Update

Fair Labor Standards Act (FLSA) Changes

     UPE met with representatives from Sacramento County on September 18th and 21st to discuss changes to the application of the Fair Labor Standards Act (FLSA) in response to a recent California Supreme Court Decision. Previously, money that workers received for not using County healthcare, payments of CTO over max, and vacation pay outs were not counted towards a worker’s earnings for calculating FLSA overtime.  The recent decision requires these wages to be included.  As a result, some workers were underpaid for overtime over the last three years.  The County is going back and repaying these workers.  In the course of reviewing who needs back-pay, the County discovered a system error that was over paying some workers for overtime.  The County decided not to seek repayment for this error.  

     Workers will receive an email from the County sometime in late October if they are eligible for repayment.  Workers will need to electronically sign the letter to authorize the County to add the repayment to the pay check.  Workers will be reimbursed as a part of their normal paycheck in order to avoid having to pay the supplemental tax rate of 22%.  

     UPE thanks 005 & 008 board members James Starr, Jennifer Avalo, Brian Williams, and Dawn Richardson for their participation in the meet and confers. 

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