United States First Circuit

Summary judgment in favor of defendant-employer in plaintiffs' action claiming overtime under the Fair Labor Standards Act is reversed and remanded, where defendant's per diem formula was impermissibly "based upon and thus varied with the number of hours worked" per week.

Appellate Information

• Decided 04/18/2014
• Published 04/18/2014

Judges

• LIPEZ

Court

• United States First Circuit

Counsel