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Employment Litigation Work Schedules Over-Time

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

FordHarrison

Eleventh Circuit Reinforces Fluctuating Workweek Method Of Paying Overtime

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The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

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Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

Seyfarth Shaw LLP

The Pennsylvania Supreme Court Finally Kills The Fluctuating Workweek Doctrine in Pennsylvania, Ruling That The “Half-Time” Method...

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Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more

Troutman Pepper

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

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Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Cozen O'Connor

III-41- Things That Make You Go “Hmmm” in Employment Law

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This episode looks at recent employment law developments that may make you go “hmmm”: a 4-day workweek, outright bans on mandatory arbitration and office gossip, hairstyle as a protected characteristic, and an update on the...more

Seyfarth Shaw LLP

Fixed Salaries, Fluctuating Hours, and Beyond: A Federal Court Addresses Common Questions About the Fluctuating Work Week Method...

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Seyfarth Synopsis: A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the “FWW”)...more

Ballard Spahr LLP

Pennsylvania Court Rejects FLSA Method of Overtime Calculation

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The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

Carlton Fields

California Supreme Court Puts to Rest Labor Code Interpretation

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Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

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