Thursday, October 22nd, 2009...10:39 am
9th Cir: FLSA Permits Different Pay for Same Work on Different Shifts
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The 9th Circuit has upheld an employer’s use of a lower regular pay rate for employees who work on 12-hour shift than for other employees doing the same work on 8-hour shifts. The employer had moved some employees to the 12-hour schedule at their own request, and with their (and their union’s) consent to the lowered hourly rate. The total weekly wage package was the same for employees on the two different schedules.
The panel held that the pay practice was not a subterfuge to avoid payment of FLSA overtime.
Parth v. Pomona Valley Hosp. Med. Ctr., ___ F.3d ___ (9th Cir. Oct. 22, 2009)
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