In settlement negotiations and trial of FLSA overtime misclassification cases, there is usually a disagreement between the parties as to how the unpaid overtime should be calculated. Attorneys representing employees typically want overtime calculated using a 1.5 times the regular rate of pay for each overtime hour that was worked. Attorneys representing companies typically want to utilize the “fluctuating workweek” method of calculating overtime. A recent case from the Fifth Circuit Court of Appeals confirms that the proper method of calculating unpaid overtime in a misclassification case if the use of the fluctuating workweek method.
In Ransom v. M. Patel Enterprises, Inc., fifteen executive . . .
As discussed in this prior post, the Humane Society of the United States and a variety of other groups and individuals brought suit to permanently enjoin the slaughter of horses at two plants that had been granted Food Safety Inspection Service permits.
On November 1, 2013, after originally granting a temporary injunction staying operations at the plants, U.S. District Judge Christina Armijo denied the plaintiffs’ request for permanent injunction and dismissed the lawsuit with prejudice. A copy of the court’s Memorandum Opinion and Order can be downloaded here. Accordingly, the temporary injunction previously issued by the court expired, allowing horse slaughter operations to . . .