Nichols Kaster, PLLP and co-counsel law firm Winebrake and Santillo, LLC (www.winebrakelaw.com) received a great order yesterday in Verderame v. RadioShack Corp. (Case 2:13CV02539 in the Eastern District of Pennsylvania). The employees in the case allege that RadioShack improperly used the “fluctuating workweek” method of calculating overtime pay to compensate store managers for their overtime hours worked. Under the fluctuating workweek method, an employer can pay its employees the equivalent of a half time rate of pay, not “time and a half,” for the overtime hours worked. In his Order, Judge Goldberg concluded that RadioShack’s method of paying overtime under the fluctuating workweek method complied with federal law but violated Pennsylvania state law, which is more favorable to employees than the federal law. Please contact attorney Tim C. Selander at (877) 344-4628 or selander@nka.com for more information.
