Magazine article HRMagazine

Workweek Need Not Maximize Overtime Pay

Magazine article HRMagazine

Workweek Need Not Maximize Overtime Pay

Article excerpt

Johnson v. Heckmann Water Res. (CVR) Inc., 5th Cir., No. 13-40824.

An employer is not required to begin the workweek on any particular day and does not violate the Fair Labor Standards Act (FLSA) simply because the chosen workweek does not maximize an employee's overtime compensation, the 5th U.S. Circuit Court of Appeals ruled.

Kevin Johnson and Brad Smith, former employees of Heckmann Water Resources (HWR), were nonexempt employees who were paid hourly wages. Their regular schedule at HWR was to work 12-hour shifts for seven consecutive days beginning every other Thursday. Smith's shiftbegan at 6 a.m. each day, and Johnson's shiftbegan at 6 p.m. HWR paid its employees biweekly using a Monday through Sunday workweek to calculate overtime. Under HWR's chosen workweek, Johnson earned two hours of overtime a week (four hours total for the two-week paycheck period); Smith earned eight hours of overtime the first week and worked only 36 hours during the second week. …

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