Employers should take steps to lower the risk of a mistaken back-pay ruling in an FLSA "failed exemption" lawsuit.
A decision by the Fifth 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.
The Sixth Circuit U.S. Court of Appeals might review a federal judge's decision to defer to one of the U.S. Labor Department's April 2011 fluctuating-workweek assertions.
It is more important than ever to be clear-headed and articulate in opposing the proliferation of the U.S. Labor Department's muddled misconception that bonuses are supposedly "incompatible" with fluctuating-workweek pay plans.
The potential impact of the U.S. Labor Department's unfounded fluctuating-workweek commentary could be exacerbated by unnecessarily dire observations.
The U.S. Labor Department's April 5 Final Rule attempts to restrict fluctuating-workweek pay plans in two ways.
The Seventh Circuit U.S. Court of Appeals has adopted an employer-favorable approach to calculating overtime for an employee who was misclassified as exempt.