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

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.

The 7th Circuit U.S. Court of Appeals has adopted an employer-favorable approach to calculating overtime for an employee who was misclassified as exempt.