What’s Plain is Plain? Supreme Court Takes Case to Resolve Divergent Views on FLSA Salary Basis Test

The Supreme Court agreed this week to hear an appeal from the United States Court of Appeals for the Fifth Circuit brought by an employer who seeks review of a lower court decision that held that the employer owed overtime to a highly compensated managerial employee because his compensation was based on a flat daily rate in the absence of an expressly stated fixed weekly amount of pay.