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Thursday, January 24, 2008

Overtime. The Second Circuit held that a nurse placement service had violated the Fair Labor Standards Act by failing to pay its employees time and a half for working overtime without authorization, however, held that the Secretary of Labor could not find the company in contempt of a consent order, requiring the company to pay its workers overtime rates for work in excess of 40 hours. The Court held that the consent decree was ambiguous in that it did not unambiguously proscribe the challenged conduct. Judge Jacobs, concurring with the decision, found, however, that the company did not even violated the FLSA because the work was prohibited by the company, unless advanced authorization was received.

The decision in Chao v. Gothan Registry, Inc. can be found here.

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