Legal Opinion

City of Sacramento v. Public Employees Retirement System

California Court of Appeal

Decided May 7, 1991No. C006855PublishedCited by 34 opinions

1Opinion of the Court

Opinion

DAVIS, J.

Introduction

This appeal presents the novel issue of whether the extra one-half hour overtime “premium” pay required by the federal Fair Labor Standards Act (FLSA), 29 United States Code sections 201-219, is the equivalent of “overtime” under the Public Employees’ Retirement Law (PERL), Government Code section 20025.2, which is defined as payment for service performed “in excess of the hours of work considered normal for employees on a full-time basis . . ." Under the state retirement system, participating employers are required to make contributions based upon a percentage of…

2Cases cited19 opinions

  1. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  2. Armour & Co. v. WantockSupreme Court of the United States · 1944
  3. Free v. BlandSupreme Court of the United States · 1962
  4. Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co.Supreme Court of the United States · 1969
  5. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981

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3Cited by34 opinions

  1. City of Oakland v. Public Employees' Retirement SystemCalifornia Court of Appeal · 2002
  2. Kreeft v. City of OaklandCalifornia Court of Appeal · 1998
  3. Claypool v. WilsonCalifornia Court of Appeal · 1992
  4. City of Pleasanton v. Board of Administration of Public Employees' Retirement SystemCalifornia Court of Appeal · 2012
  5. Bernard v. City of OaklandCalifornia Court of Appeal · 2012

29 more not listed; retrieve them via the Exa API.

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