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PA Supreme Court to Decide Overtime Formula for Nonexempt Salaried Employees with Flexible Workweeks


The Pennsylvania Supreme Court agreed to hear an appeal of the lower court’s decision in Chevalier v. Gen Nutrition Ctrs., 117 A.3d 280 (Pa. Super. 2017), which held that the Pennsylvania’s Minimum Wage Act did not permit employers to calculate a nonexempt, salaried employees’ overtime pay using the federal Fair Labor Standards Act’s (“FLSA”) flexible workweek model. The Supreme Court’s decision will significantly impact how employers pay overtime to salaried employees in Pennsylvania, so employers should track future developments.

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