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Petition of the day

The petition of the day is:


Issues: (1) Whether the Fair Labor Standards Act, 29 U.S.C. § 207(e)(2), allows employers, when calculating the overtime rate, to exclude payments to an employee that are entirely unrelated to “his hours of employment,” as other courts of appeals have held in conflict with the U.S. Court of Appeals for the 9th Circuit; and (2) whether the 9th Circuit’s outlier “willfulness” standard, triggered whenever a non-compliant employer “was on notice of its FLSA requirements” but failed to investigate further, contravenes this court’s decision in McLaughlin v. Richland Shoe Company.

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Apr. 17, 2017, 11:23 PM),