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Court Persuaded by Dept. of Labor's Interpretation of 'Regular Rate' Under FLSA

Thompson v. Regions Security Services Inc.

By Madelyn L. Lastrapes


The Eleventh Circuit addressed an employee’s claims that Regional Security Services Inc. artificially reduced his hourly rate to avoid paying the overtime rate. David Thompson alleged that Regional Security reduced his hourly rate from $13.00 to $11.15 to avoid the Fair Labor Standards Act’s (FLSA) overtime compensation requirement. The district court granted Regional Security's motion for judgment on the pleadings. The Eleventh then vacated the judgment and remanded, finding that Thompson's allegations plausibly supported his claim regarding his "regular rate" and overtime compensation.


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