United States Second Circuit
Havey v. Homebound Mortgage, Inc., 060978
Grant of summary judgment in favor of defendants on plaintiff's claims for violation of the overtime provisions of the Fair Labor Standards Act (FLSA) is affirmed where: 1) prospective adjustments to an employee's salary based on the quality of work which do not reduce the "predetermined amount" of salary do not violate the "salary-basis test" of the FLSA so long as the salary scheme was not designed to circumvent the requirements of the FLSA; and 2) prospective adjustments to an employee's salary based on projected quantity of work performed do not necessarily violate that test.
Appellate Information
- Decided 10/22/2008
- Published 10/22/2008
Judges
Court
- United States Second Circuit