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).
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News: HR guidance on legally computing employee overtime.
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