Employer Ammunition in Overtime Pay Cases


The United States Court of Appeals for the Fourth Circuit has given employers ammunition in some cases involving overtime claims. In Desmond v. PNGI Charles Town Gaming, LLC, 2011 U.S. App. Lexis 702 (4th Cir. Jan. 14, 2011), the Fourth Circuit held that plaintiffs were only entitled to overtime using the "half-time" methodology in Fair Labor Standards Act ("FLSA") misclassification cases. Employers can use Desmond to reduce damages in some cases by two-thirds.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Spotts Fain PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.