Employer Ammunition in Overtime Pay Cases

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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.

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