3rd Circuit Reinstates Suit Over Per Diem Pay, Finds Wrong Standard Used

Mealey's (September 6, 2019, 3:25 PM EDT) -- PHILADELPHIA — A district court that granted summary judgment to an employer in a putative collective dispute over per diem pay erred by “applying an overly burdensome standard for showing willfulness under the FLSA,” a Third Circuit U.S. Court of Appeals panel ruled Aug. 20, holding that a showing of egregious behavior is not required (Linda Stone, et al. v. Troy Construction, LLC, No. 18-1825, 3rd Cir., 2019 U.S. App. LEXIS 24769)....