Two More Federal Courts Disapprove of FWW Reversion

Employers continue to argue that they can use the fluctuating workweek method (a.k.a. half-time method) to calculate the amount of overtime damages owed to employees who win overtime lawsuits alleging that they were misclassified as overtime exempt. I will not go into the details of the decisions, because this topic has been covered repeatedly on this blog. The first case is entitled Costello v. Home Depot USA, Inc., 3:11-cv-953-JCH (D. Conn. May 13, 2013), and concerns Connecticut retail managers who alleged that they were misclassified as overtime exempt. Click HERE for the Costello opinion. The second case is entitled Wallace v. Countrywide Home Loans, Inc., 08-cv-1463-JST (C.D. Cal. April 29, 2013), and concerns California bank employees who allege that they were misclassified as overtime-exempt. As many of you know, the overtime lawyers at Winebrake & Santillo represent many retail managers, assistant managers, account managers, and department managers in Pennsylvania and elsewhere who allege that they have been wrongfully denied overtime by being misclassified as exempt from the overtime laws, including the Pennsylvania overtime laws and the New Jersey overtime laws.

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