Abshire, et al v. Redland Energy Services, No. 11-3380 (8th Cir. 2012)
Annotate this CasePlaintiffs, current and former employees of Redland, commenced this action alleging that Redland violated the overtime provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. 207(a)(1), by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as "overtime." Agreeing with a Department of Labor investigator, the district court found no FLSA violation and granted Redland's motion for summary judgment. The court rejected plaintiffs' contention that an employer's permanent change in the designated workweek violated section 207(a)(1) unless it was justified by a legitimate business purpose. So long as the change was intended to be permanent, and it was implemented in accordance with the FLSA, the employer's reasons for adopting the change are irrelevant. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Fair Labor Standards Act. An employer does not violate the Act merely because, under a consistently-designated workweek, its employees earn fewer hours of overtime than they would if the workweek was more favorably aligned with their work schedules; employer's permanent workweek change did not violate Section 207(a)(1) of the Act.
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