As previously discussed here and here, several Circuit courts have recently upheld use of the “half time” calculation of damages in FLSA misclassification cases. Urnikis-Negro v. Am. Family Prop. Servs., — F.3d. —, No. 08-3117, 2010 U.S. App. LEXIS 16126 (7th Cir. 2010); Desmond v. PNGI Charles Town Gaming, L.L.C., 2011 U.S. App. LEXIS 702 (4th Cir. Jan. 14, 2011). In its Order List for February 22, 2011, the Supreme Court denied the employee’s petition for review of the Seventh Circuit’s decision in Urnikis-Negro. While this denial means the high court will not provide definitive guidance on this issue, the Circuit courts which have addressed the issue and the Department of Labor all have held the half time method of calculation to be appropriate if the salary paid was intended to cover all hours worked.