Main Menu

Wage and Hour Laws Blog

Posts tagged 29 C.F.R. 778.114.

Employers should take steps to lower the risk of a mistaken back-pay ruling in an FLSA "failed exemption" lawsuit.

We have said for a while now that a "fluctuating workweek" pay plan might suit some employers' needs as to workers whom they will no longer treat as overtime-exempt in light of the U.S. Labor Department's coming federal Fair Labor Standards Act exemption changes.

The U.S. Labor Department's "fluctuating workweek" interpretative provision does not warrant the fly-specking veneration that some courts have been giving it.

A decision by the 5th Circuit U.S. Court of Appeals both illustrates and exacerbates the morass into which the calculation of overtime pay has descended in so-called "failed exemption" cases under the FLSA.

Recent Posts

Category List

Archives

Back to Page