Sinclaire v. Elderhostel, Inc.

OPINION

FRY, Judge.

{1} In this case we consider what our Legislature intended when it enacted the statute requiring employers to pay overtime wages for hours worked in excess of forty hours in “any week of seven days.” We conclude that “any week of seven days” means a fixed and regularly recurring workweek established by an employer consistent with the federal Fair Labor Standards Act (FLSA) and regulations promulgated under the authority of the FLSA. We reject Plaintiff Peter Sinclaire’s argument that the employer’s workweek, for purposes of calculating overtime pay, should change each time…