[Publib] Re: Work hours

Judy Anderson lanelibrarydistrict at yahoo.com
Thu Dec 1 12:05:42 EST 2005


Okay, law school was a long time ago, but based on  the link you provided, it simply talks about the FLSA applying to  public employees, which of course is separate from whether or not state  laws apply to non-federal public employees within the state. In fact,  it seems to say the opposite of your comment that state laws don't  apply to public employees. It says that the employee must go with which  ever law is more strict. Which is fairly common among all laws.
  
  "Since an employer must comply with the most stringent of the        State or Federal provisions, it is strongly recommended that the State        laws be reviewed prior to applying any of the exclusions or exemptions        discussed herein."
  
  Or am I misunderstanding your comment? Or has my legal mind forgotten how to interpret this statement?
  
  
  Judy Anderson
  Director, Lane Library District

Backwage at aol.com wrote:          I

  
  Okay, let's go through this again:  State overtime laws don't apply to public employees.   What you are thinking of are the rules and standards for breaks and  such set by public employers-- that is the difference between pay for  hours worked and the setting of lunch breaks.  Federal law governs pay for public employees; state laws govern whether you receive a lunch or not.  
   
  See:  http://www.dol.gov/esa/regs/compliance/whd/whdfs7.htm
   



		
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