Co-authored by Robert S. Whitman, Howard M. Wexler and Joshua D. Seidman

Continuing the recent string of good news for employers on the fluctuating workweek (“FWW”) front, last week a federal judge in the Southern District of New York held that RadioShack’s use of the FWW or “half-time” method to calculate overtime pay for managers was permissible under New
Continue Reading No “Fluctuation” as New York Federal Courts Continue to Allow Half-Time Damages

Authored by Howard Wexler

In a scene reminiscent of a high school calculus class, the Fifth Circuit took out its red pen and reviewed the math a lower court used to determine back pay for employees found to have been improperly classified as exempt from overtime.  Unfortunately for the lower court, it flunked the exam:  the Fifth Circuit held that
Continue Reading Check Your Math! Fluctuating Workweek Damage Calculation Approved Yet Again

SDNYBy Robert S. Whitman and Howard M. Wexler

If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40.  Right?

Wrong, according to a welcome decision (here) from Judge J. Paul Oetken of the Southern District of New York.   The decision confirms what
Continue Reading Half-Time: Not Just for Football Bathroom Breaks Anymore

D. AZ Seal.jpgCo-authored by Howard M. Wexler and Robert S. Whitman

In wage-and-hour cases, the method of calculating potential damages is often just as (if not more) important as the underlying misclassification determination.  Since at least the 1940s, the U.S. Department of Labor has consistently taken the position that, where the employer and misclassified employees have a “clear mutual understanding” that their

Continue Reading “Fluctuation” Over Method of Calculating Damages in Misclassification Cases

Co-authored by Alexander J. Passantino and Brett Bartlett

Fed Register.bmpAs mentioned previously on this blog, the Department of Labor’s Wage and Hour Division has been in the process of finalizing regulations regarding the Fair Labor Standards Act.  Today the Wage and Hour Division published those regulations in the Federal Register.  The rules will be effective 30 days after publication.

Usually referred

Continue Reading DOL’s FLSA Rulemaking Limits Fluctuating Workweek, Tip Credit