per diem

First Circuit Reverses District Court-Per Diem Should Have Been Included in Regular Rate

Posted on May 9, 2014

Overtime under the Fair Labor Standards Act (“FLSA”) is calculated based upon an employee’s regular rate of pay.  But the issue of whether that regular rate of pay includes a per diem can be a challenging one.  Just last month, the First Circuit found that a district court improperly awarded summary judgment to an employer […]

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