What constitutes salary for FLSA overtime rules?
Abstract: That was the question before the Second Circuit when a mortgage underwriter claimed she was entitled to overtime pay under the Fair Labor Standards Act even though she was salaried. The Second Circuit held that she was ineligible for overtime pay because the employer never reduced her base salary, and any reductions because of excessive errors or failure to meet productivity targets didn’t affect her base salary. Havey v. Homebound Mortgage Inc., 547 F.3d 158 (2d Cir. 2008)