November 20, 2019 / 11:03 PM / 24 days ago

Penn. Supreme Court says state law forbids 'fluctuating workweek' OT pay

The Pennsylvania Supreme Court on Wednesday said a common method of calculating overtime pay owed to salaried workers with inconsistent schedules that saves employers money is not valid under state wage law, and upheld a $1.4 million judgment against General Nutrition Centers Inc.

The court in a 6-1 decision said Pennsylvania lawmakers never incorporated provisions of the federal Fair Labor Standards Act (FLSA) that permit the “fluctuating workweek method” into the Pennsylvania Minimum Wage Act, and the practice is prohibited by the state law because it results in employees not being paid for “all hours worked.”

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