A Good District Court Opinion Addressing Workers’ Right to Recover for “Straight Time” Compensation Under the Flsa

We all know that Section 7 of the FLSA gives workers the right to recover overtime premium pay equaling 150% of their regular rate of pay. A more complex issue, however, is whether that section also enables workers to recover their “straight time” pay for non-overtime hours even if the straight time rate exceeds the minimum wage rate. Defendants, of course, assert that the FLSA’s protections for non-overtime hours are limited to Section 6’s minimum wage mandate. I recently read a very thorough opinion rejecting this argument and holding that Section 7 mandates “straight time” pay for non-overtime hours in weeks in which workers also work overtime. The case is entitled Barvinchak v. Indiana Regional Medical Center, and it is a must-read if you are faced with the vexing  ”straight time” issue. The citation is 2007 U.S. Dist. LEXIS 72805 (W.D. Pa. Sept. 28, 2007), and the pertinent discussion appears on pages *9-21.

Related Posts
  • Worker Misclassification Task Force Releases Report with 15 Unanimous Recommendations for General Assembly Read More
  • Recent Trends in Pennsylvania Employment Law: Pennsylvania Supreme Court Continues to Broadly Define the Parameters of “Employment” Read More
  • PA Department of Labor and Industry’s Proposed PMWA Regs: Guidance Regarding Tipped Employees, and an Important Clarification for Salaried Workers Read More