Legal Question in Employment Law in California

Flsa vs. Iwc wage orders

On 3/31/03 the DOL released a proposal to substantively modify portions of the FLSA. Since IWC Wage Orders specifically state that activities constituting ''Exempt vs. Non-Exempt'' work shall be construed IN THE SAME MANNER as such terms are construed under the FLSA, does the proposed change to the FLSA affect how IWC Wage Orders should be interpreted?


Asked on 5/08/03, 6:21 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Flsa vs. Iwc wage orders

Unless a labor law provision is expressly preempted by federal law, California laws that provide for more generous treatment of the employee will apply. California's exempt/non-exempt provisions of its wage orders will not change as a result of any modifications of the FLSA.

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Answered on 5/13/03, 12:26 pm


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