FLSA vs. Collective Bargaining Agreements

[cgjack]

What is the name of your state (only U.S. law)? New York

If a collective bargaining agreement exists between employer and employee, do FLSA items or rules need to be negotiated into the contract? For example, if the contract states that your wage is based on an X number of work days, does the union need to negotiate the “regular rate” (at which an employee shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee)? Or, because the regular rate with the inclusion of all renumeration is law, should the employer be calculating pay that way anyway?

 

[pattytx]

Generally speaking, a CBA cannot make law "go away". Personally, I don't see any need to include the actual law in most cases; normally "in accordance with federal and state (if applicable) law should be enough. The CBA, when it comes to pay and work rules, is generally conferring rights, benefits and additional compensation over and above what the law requires, not the law itself.