In accordance with the Ninth Circuit and several other federal court rulings, the Court of Appeals for the Fourth Circuit yesterday held that an employee cannot bring a claim for wages based on allegedly misappropriated gratuities under the FLSA unless the employer used the tip credit set forth in 29 U.S.C. § 203(m). Trejo
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Fourth Circuit Rules That Public School Employee Who Volunteered As Golf Coach Was Not Entitled To Minimum Wage Or Overtime
By Noel P. Tripp on
Posted in Coverage
The FLSA limits when an individual can provide services to an organization without compensation. See post dated April 6, 2010 “We Don’t Have to Pay Our Interns – Do We?” However, last month a panel of the Court of Appeals for the Fourth Circuit (including Retired Supreme Court Justice Sandra Day O’Connor sitting…
Fourth Circuit Joins Four Prior Circuits in Ratifying Half Time Calculation of Overtime Damages Due Misclassified Exempt Employee
By Noel P. Tripp on
Posted in Damages
It is well understood that employees misclassified as exempt under the FLSA are entitled to overtime pay for hours worked in excess of forty in a week. However, while the United States Department of Labor takes the position that any unpaid overtime is calculated using the “half-time” method, not all of the Circuit Courts have confirmed…