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bonuses and bonuses related to hours . 9 Specifically , the Court found that the distinction between bonuses “ has no support in section 778.114 .” 10
This decision serves as a good example of the application of a textual analysis , especially in the FLSA context , as well as a reminder to employers to give a second look to the fluctuating workweek method to meet their overtime obligations . n
1
See 29 C . F . R . § 778.114 ( a ); Hernandez v . Plastipak Packaging , Inc ., 15 F . 4th 1321 , 1322 ( 11th Cir . 2021 ).
2
Hernandez , 15 F . 4th at 1322 .
3
Id at 1322 .
4
Id at 1325 (“ Plastipak ’ s payment of additional bonuses on top of Hernandez ’ s fixed salary did not make his fixed salary any less fixed .”).
5
Id . at 1325-1326 .
6
Id at 1326-1327 .
7
Id at 1327 .
8
Id . at 1328 .
9
Id . at 1329-1331 (“ Whether an employee receives bonuses for performance or for the type of hours worked , neither form of additional pay offends section 778.114 — provided that the employee receives a ‘ fixed salary ’ covering every hour , whether few or many , in the workweek .”).
10
Id . at 1331 .
Author : Sacha Dyson - GrayRobinson , P . A .
Real Property , Probate & Trust Law Section Luncheon
therealproperty , probate & trustlawsectionheldaCleon January26 , providinganoverviewoftheprofessionalfiduciary Councilofflorida . theeventspeakers , darbyJoneswithprofessional fiduciaryservices , llC , andAngelaAdamswithlawofficeofwilliam fletcherBelcher , discussedthemissionandgoalsoftheCouncil , membershipcriteria , andhowtheCouncilcanbeavaluable resourcetoestateplanningandelderlawattorneys .
The Section thanks its luncheon sponsor , White Glove House .
M a r - a p r 2 0 2 2 | H C B a L a W Y E r
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