Desmond v. PNGI Charles Town Gaming, 09-2189
FLSA action Desmond v. PNGI Charles Town Gaming, 09-2189
, concerned plaintiffs' suit against their former employer for unpaid overtime compensation under the Fair Labor Standards Act (FLSA).
The court affirmed the district court's method of computing unpaid
overtime compensation as, in Overnight Motor, the Court recognized that
employees and employers are free to agree to a reduced hourly wage in
exchange for a fixed weekly salary, provided the fixed weekly salary
covers all hours worked and meets minimum wage requirements, and here,
the former employees agreed to receive straight time pay for all hours
worked in a given workweek and have already received such pay. However,
the court vacated in part in concluding that the district court erred
in granting summary judgment on the issue of willfulness as a genuine
issue of material fact exists as to willfulness.Related Link:
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.