Case: Wage & Hour/Overtime (W.D. La.)

Neither a group of employees for a heavy-construction company who frequently travel for work nor the company are entitled to summary judgment on the employees’ claims that the company and its owners violated the Fair Labor Standards Act by improperly calculating their overtime when they excluded per diem amounts from their regular pay rates. While the court found that the per diems aren’t reasonable travel payments excludable from the regular rate of pay under the FLSA because they’re based solely on the number of hours an employee worked and are an attendance incentive, the court also ruled that the plaintiffs ...