5th Circuit Denies Rehearing In Fluctuating Workweek Overtime Pay Lawsuit

Mealey's (February 5, 2019, 11:19 AM EST) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Feb. 1 denied a rehearing or rehearing en banc in an appeal over the use of the fluctuating workweek (FWW) method to calculate overtime pay when incentive payments are made but amended one footnote regarding the overtime calculation and added another concerning the employer’s proposed damages model (Joseph Dacar, et al. v. Saybolt, L.P., No. 16-20751, 5th Cir., 2019 U.S. App. LEXIS 3345)....