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Plastipak Gets Employee’s Overtime Award Reversed by 11th Cir.

Oct. 13, 2021, 5:03 PM

Plastipak Packaging Inc. is off the hook from paying $1,820 in damages to an employee who alleged the company miscalculated his overtime rates under the Fair Labor Standards Act, the Eleventh Circuit ruled Wednesday.

Plastipak was entitled to use the FLSA’s fluctuating workweek method to calculate Hector Hernandez’s overtime pay, even though he received bonuses for working nights and holidays in addition to his fixed salary, the U.S. Court of Appeals for the Eleventh Circuit said.

The FLSA’s “fluctuating workweek” rule permits employers to pay workers who receive a fixed weekly wage and whose hours fluctuate every week at half ...

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