Check Your Math! Fluctuating Workweek Damage Calculation Approved Yet Again

In a scene reminiscent of a high school calculus class, the Fifth Circuit took out its red pen and reviewed the math a lower court used to determine back pay for employees found to have been improperly classified as exempt from overtime.  Unfortunately for the lower court, it flunked the exam:  the Fifth Circuit held that it improperly calculated the plaintiffs’ damages by failing to utilize the Fluctuating Workweek (“FWW”) method.

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