Fifth Circuit: Day Rate Can Meet Salary Requirements Under FLSA White Collar Overtime Exemption
APPLIES TO All Employers with LA, MS, and TX Employees |
EFFECTIVE August 21, 2019 |
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In Faludi v. U.S. Shale Solutions, L.L.C., the U.S. Court of Appeal for the 5th Circuit stated that a guaranteed day rate providing compensation over $455 can meet the Fair Labor Standard Act (FLSA) salary requirements for the white collar overtime exemption. Further, the FLSA’s reasonable relationship test does not apply to the highly compensated exemption.