5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

Law360 (September 16, 2019, 6:00 PM EDT) -- Lawyers have paid attention to the U.S. Court of Appeals for the Fifth Circuit's recent decision in Faludi v. U.S. Shale Solutions LLC,[1] which involved an overtime pay claim from a lawyer turned consultant earning approximately $260,000 annually. At first glance, it is no surprise to learn that the Fifth Circuit rejected Jeff Faludi's claim.

He was a consultant, and even if he was deemed an employee, he would be considered exempt from overtime under the Fair Labor Standards Act as a highly compensated employee earning more than $100,000 a year. But the facts of the case, and the court's analysis,...

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