5th Circ. Backs Fluctuating Workweek Rule For OT Damages

Law360, New York (August 20, 2013, 7:55 PM EDT) -- The Fifth Circuit ruled Friday that a magistrate judge should have used the so-called fluctuating workweek method to calculate the damages due to a class of managers at Party City stores that a jury found had been misclassified as exempt from overtime pay.

The appeals court held that the magistrate judge responsible for figuring out what the plaintiffs were entitled to in the wake of the jury's verdict should not have disregarding the fluctuating workweek method in favor of an “unorthodox preferred methodology." The Fifth Circuit...
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