Split En Banc 5th Circuit Reverses Ruling For Employer In FLSA Daily Rate Case

Mealey's (October 7, 2021, 7:46 AM EDT) -- NEW ORLEANS — A divided en banc Fifth Circuit U.S. Court of Appeals on Sept. 9 reversed a trial court’s summary judgment ruling for an employer in a case by an “executive” who was allegedly paid a daily rate and sought overtime, writing that its “job is to follow the text—not to bend the text to avoid perceived negative consequences for the business community.”...

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