Compensation already paid for hours of work may not be used as an offset and thereby be counted a second time as statutorily required compensation for other hours of work, the 3rd US Circuit Court of Appeals held in Smiley v. E.I. Dupont De Nemours & Co.
In Flores v. City of San Gabriel, the 9th Circuit Court of Appeals held that payments of cash in lieu of benefits must be included in the regular rate when calculating how much overtime employees are owed under the Fair Labor Standards Act (FLSA).
About This Category
News: HR guidance on legally computing employee overtime.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
XpertHR is designed to work consistently across a range of browsers, including the latest Internet Explorer, Google Chrome, Firefox and Safari. XpertHR no longer supports Internet Explorer 6 or 7. Learn more.