Split 5th Circuit Issues Substitute Opinion In Daily Rate FLSA Dispute

Mealey's (January 13, 2021, 9:56 AM EST) -- NEW ORLEANS — A split Fifth Circuit U.S. Court of Appeals panel on Dec. 21 in an opinion replacing one issued in April reversed summary judgment for an employer in a Fair Labor Standards Act (FLSA) lawsuit brought by an “executive” who was allegedly paid a daily rate and sought unpaid overtime, finding that that form of pay does not pass the salary basis test and that the two conditions necessary to exempt the worker from overtime were not met....