7th Circuit: FLSA Wages Are Based On Average Rate Over A Week

Mealey's (January 10, 2019, 8:27 AM EST) -- CHICAGO — The Seventh Circuit U.S. Court of Appeals in a Dec. 12 opinion joined other federal circuits in holding that wages under the Fair Labor Standards Act (FLSA) are determined via the average hourly wage across a workweek and affirmed that portion of the trial court ruling; however, it reversed the trial court’s application of the dormant commerce clause of the U.S. Constitution as to state and local wage claims (Andrea Hirst, et al. v. SkyWest, Inc., et al., Nos. 17-3643 & 17-3660, 7th Cir., 2018 U.S. App. LEXIS 34926)....