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Desmond v. PNGI Charles Town Gaming, 09-2189

By FindLaw Staff on January 14, 2011 4:55 PM

FLSA action

Desmond v. PNGI Charles Town Gaming, 09-2189, concerned plaintiffs' suit against their former employer for unpaid overtime compensation under the Fair Labor Standards Act (FLSA). 


The court affirmed the district court's method of computing unpaid overtime compensation as, in Overnight Motor, the Court recognized that employees and employers are free to agree to a reduced hourly wage in exchange for a fixed weekly salary, provided the fixed weekly salary covers all hours worked and meets minimum wage requirements, and here, the former employees agreed to receive straight time pay for all hours worked in a given workweek and have already received such pay.  However, the court vacated in part in concluding that the district court erred in granting summary judgment on the issue of willfulness as a genuine issue of material fact exists as to willfulness.

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