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Bargaining Obligation Prevails Over Wage Recoupment Statute

On November 1, 2016, an audit at a county in Washington uncovered an accounting software error had caused Benton County Sheriff’s Office employees, including 85 corrections officers, to be overpaid from June 2016 through September 2016. Benton County Auditor Brenda Chilton sent Sheriff Steven Keane a memo that notified him of the error. The memo explained how the error occurred and that the County had the right under a…

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State Wage Law Requires Cashout Of Comp Time On Retirement

Like many states, Massachusetts has its own wage and hour law, a statute that is roughly comparable to the Fair Labor Standards Act (FLSA). Under the Massachusetts Wage Act, employers are required to pay each “employee the wages earned by him.” Ronald Plourde was a captain with the Lawrence, Massachusetts Police Department. Plourde was injured on duty in 2006, and eventually retired in 2010 due to his disability. When…

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A Reminder That State Laws Can Be More Stringent Than The FLSA Or Contracts

A recent case from the Oregon Court of Appeals serves as a good reminder that employers must comply with whatever employment law provides the greatest grant of rights to employees. At times, that grant of rights may be found in the federal Fair Labor Standards Act (FLSA). At other times, that grant of rights may be in a state wage-and-hour statute, or in a collective bargaining agreement. The Oregon…

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Collective Bargaining Agreement Trumps State Wage And Hour Law

It is well known that the federal Fair Labor Standards Act (FLSA) prevails over any contrary provision in a collective bargaining agreement, to the extent that the agreement calls for lower compensation than that mandated by the FLSA. But what if the wage and hour law is not the FLSA, but instead is found in state statutes? The results seemingly vary from state to state as to whether a…

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