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Courts addressing FLSA misclassification claims brought by employees classified as salaried exempt workers must determine damages. In a new decision from the United States District Court for the Eastern District of Louisiana, Judge Jane Triche Milazzo ruled that successful Plaintiffs in one such misclassification case are only entitled to “half-time” damages. Further, the Court…

As both lawyers and non-lawyers understand, overtime wages customarily are paid in cash, notwithstanding that the definition of “wages” under the FLSA incorporates “board, lodging, or other facilities.” 29 U.S.C. § 203(m). Employers providing non-monetary benefits to employees sometimes argue that such benefits are “facilities” within the meaning of the statute and thus should be credited against…

 The FLSA, as we know, is structured largely on a “workweek basis.” See, e.g. Bright v. Houston Northwest Medical Center Survivor, Inc., 934 F.2d 671, 678 (5th Cir. 1991). The standalone nature of each workweek can have draconian results for employers who overpay (intentionally or otherwise) in some workweeks, but underpay in others, as…