In December 2012, we discussed a lower court’s ruling that a young man who volunteered his time at his old high school working with at risk youths was not an “employee” within the meaning of the Fair Labor Standards Act entitled to minimum wage protection. On appeal, the Court of Appeals for the Second Circuit … Continue Reading
In general, when calculating the regular rate of pay for purposes of determining overtime under the FLSA, all remuneration must be included. This rule is subject to certain limited exceptions for, inter alia, discretionary bonuses and reimbursement of legitimate expenses. But, if an employer decides to provide an hourly “per diem” and classify it as … Continue Reading
