Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments.
Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act that will go into effect on August 5. The amendments codify that Pennsylvania employers cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.
Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek judicial approval (or approval from the Department of Labor) to settle and release claims. Some judges have hewed so strongly to this view that, on
Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims | Littler jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay.