Guardsmark Beats OT Challenge To Fluctuating Workweek

Law360, New York (August 1, 2013, 3:54 PM EDT) -- A New York federal judge ruled last week that Guardsmark LLC had not violated federal wage law when it used the "fluctuating workweek" method to calculate a former executive secretary's overtime pay, nixing a putative collective action against the security firm.

Esther Stein, a former secretary to Guardsmark President Ira A. Lipman, hit Lipman and the company with a lawsuit in June 2012, alleging that under the Fair Labor Standards Act and state law, she should have been paid time and a half for the overtime...
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