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Wage and Hour GNC

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

Parker Poe Adams & Bernstein LLP

First Circuit Says Employees on Fluctuating Workweek Pay Plan May Receive Commissions or Incentive Bonuses

As litigation and administrative investigations of misclassification of employees for overtime purposes have grown, employers have increasingly turned to alternative methods of pay intended to reduce their overtime...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of...more

Seyfarth Shaw LLP

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

Seyfarth Shaw LLP on

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

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