Ninth Circuit Holding Regarding FLSA Minimum Wage Compliance
John Robertson
Of Counsel
A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during the entire workweek, rather than the pay earned in each individual hour of the workweek. The court determined that the FLSA minimum wage compliance applies to the weekly per hour average for the entire workweek, as opposed to actual per hour pay in each individual hour of the workweek. Douglas, et al. v. Xerox Business Services, L.L.C.