Can the Fair Labor Standards Act be used as a vehicle to sue for a breach of contract claim about promised wages, asks Franczek Radelet’s Doug Hass in a recent blog post, by characterizing the issue as an overtime violation? He says this question was recently discussed by the U.S. Court of Appeals for the Tenth Circuit in an FLSA collective action where hundreds of employees sued the Jefferson County Colorado Sheriff’s Department for not being paid the proper overtime rate.
The claim centered around the idea of regular rates and promised rates, which were then used to calculate the overtime. The employees said they received a lower regular rate than what had been posted in salary schedules, and said these promised rates should have been used to calculate the overtime, not what they were actually paid. “The employees sued to recover the difference between the overtime payments that actually received and the overtime payments they would have received if they had received the higher, promised rate,” explains Hass.
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