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News | Jun 17, 2018

A Bunch of District Court Opinions Holding that Fluctuating Workweek Method of Overtime Calculation Cannot Apply Retroactively in an FLSA Misclassification Case

I’m currently cleaning my office and came across a research folder containing a collection of federal district court opinions holding that the dreaded “Fluctuating Workweek Method” of calculating overtime cannot apply retroactively after a salaried worker wins an FLSA misclassification lawsuit. If you are reading this blog, you probably know that the federal courts are split on this issue. However, before throwing away the research folder, I just wanted to quickly post this blog in order to provide some of the pro-worker opinions for future reference. This list is not intended to be exhaustive: Snodgrass v. Bob Evans farms, LLC, 2015 U.S. Dist. LEXIS 33621 (S.D. Oh. Mar. 18, 2015) (citing a lot of good opinions); Hasan v. GPM Investments, LLC, 2012 U.S. Dist. LEXIS 121048 (D. Conn. Aug. 27, 2012); Perkins v. Southern New England Telephone Co., 2011 U.S. Dist. LEXIS 109882 (D. Conn. Sept. 27, 2011); Russell v. Wells Fargo and Company, 672 F. Supp. 2d 1008 (N.D. Cal. 2009); Scott v. OTS Inc., 2006 U.S. Dist. LEXIS 15014 (N.D. Ga. March 31, 2006); Hunter v. Sprint Corp., 453 F. Supp. 2d 44 (D.D.C. 2006); Cowan v. Treetop Enterprises, Inc., 163 F. Supp. 2d 930 (M.D. Tenn. 2001); Rainey v. American Forest and Paper Association, Inc., 26 F. Supp. 2d 82 (D.D.C. 1998).

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