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Rate of Pay › Burden of Proof

Proskauer - Law and the Workplace

Fifth Circuit Confirms Burden of Proof on Regular Rate Miscalculation Claim

Proskauer - Law and the Workplace on

On September 2, 2020, the Court of Appeals for the Fifth Circuit held that employees bear the burden of proof on whether bonuses should have been included in the regular rate of pay for purposes of calculating overtime...more

Jackson Lewis P.C.

Fifth Circuit Creates Circuit Split On FLSA’s “Regular Rate” Burden, Addresses Inclusion Of Bonuses

Jackson Lewis P.C. on

With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more

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