Contentious overtime calculation adds up to FLSA lawsuit

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Abstract: The Fifth Circuit recently considered whether using a Monday through Sunday workweek to calculate overtime violated the FLSA when the employees in question worked Thursday through Wednesday. The potential difference in pay for the employees was substantial. The court found for the employer, but this article warns that reliance on technical analysis of the FLSA’s language can cut both ways. Johnson v. Heckmann Water Resources, No. 13-40824, July 14, 2014 (5th Cir.) Abshire v. Redland Energy Services, LLC, No. 11-3380, Oct. 10, 2012 (8th Cir.)