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Home / Opinion Digests / Labor & Employment / Labor & Employment – FLSA – Overtime Claim – Regular Rate – Hybrid Payment Scheme – Collective Action (access required)

Labor & Employment – FLSA – Overtime Claim – Regular Rate – Hybrid Payment Scheme – Collective Action (access required)

Turner v. BFI Waste Services, LLC (Lawyers Weekly No. 002-109-17, 18 pp.) (David Norton, J.) 2:16-cv-02864; D.S.C. Holding: The defendant-employers’ hybrid day rate/hourly rate payment scheme allows them to pay plaintiff less per hour during weeks when he works more hours. Although the Fair Labor Standards Act allows such arrangements, there must be a “clear mutual ...

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