Another Court Misinterprets Pennsylvania Law On Fluctuating Workweek

In September 2012, we reported on two decisions from the United States District Court for the Western District of Pennsylvania holding that the "fluctuating workweek" method of calculating overtime is not lawful under Pennsylvania law when the employer pays an overtime premium of one-half of the employee's regular hourly rate, in addition to the employee's salary. Foster v. Kraft Foods Global, Inc., 2012 U.S. Dist. LEXIS 121282 (W.D. Pa. Aug. 27, 2012); Cerutti v. Frito Lay, Inc., 777 F. Supp. 2d 920 (W.D. Pa. 2011). Last week, a judge from the Eastern District...