5th Circuit Orders Trial Court To Decide Fluctuating Workweek Application At Trial

Mealey's (August 7, 2017, 11:20 AM EDT) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Aug. 4 reversed the dismissal of two plaintiffs in an overtime suit, finding that the applicability of the fluctuating workweek method must be decided at trial as alternating hours, as claimed by the plaintiffs, does not necessarily qualify as “fluctuating” as the term is used in the method (Nathan Hills, III, et al. v. Entergy Operations, Incorporated, No. 16-30924, 5th Cir., 2017 U.S. App. LEXIS 14387)....