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Unpaid Overtime Day-Rate Pay

Sherman & Howard L.L.C.

High Daily Pay Rates Can Satisfy FLSA’s Salary Exemption

The U.S. District Court for the District of Colorado decided that a sufficiently high day rate, although not a “salary” per se, was sufficient to satisfy the “salary basis” requirement for the FLSA’s white collar exemptions....more

Jackson Lewis P.C.

Full Fifth Circuit To Hear FLSA “Day Rate” Case, Vacating Panel Opinion

Jackson Lewis P.C. on

In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day he works (i.e. on a “day rate” basis) does not satisfy the “salary basis” component...more

Fox Rothschild LLP

Another Construction Industry Wage-Hour Lawsuit: The Trend Continues

Fox Rothschild LLP on

The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in New Jersey where an entity (and its...more

Holland & Knight LLP

Fifth Circuit Holds Day Rates Do Not Satisfy the Salary Basis Test

Holland & Knight LLP on

In a significant and adverse ruling for employers, especially in the oil and gas industry, the U.S. Court of Appeals for the Fifth Circuit on April 20, 2020, held that a "day rate" does not satisfy the salary basis test for...more

Adams and Reese LLP

Fifth Circuit upholds “seamen” exemption and dismisses “day-rate” FLSA collective action suit.

Adams and Reese LLP on

A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate”...more

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