Foster v. Kraft Foods Global, Inc.

MEMORANDUM AND ORDER

CATHY BISSOON, District Judge.

I. MEMORANDUM

For the reasons that follow, Defendant’s Motion for Summary Judgment (Doc. 45) will be denied, and the Court holds that payment of overtime under the fluctuating workweek method, at one-half times an employee’s “regular” or “basic” rate, as opposed to one and one-half times (or more), is impermissible under 34 Pa.Code § 231.43(d)(3). The remainder of the parties’ Motions (see Does. 52, 54, 70, 71 & 73) will be resolved as described below.

A. Defendant’s Motion for Summary Judgment (Doc. 45)

1. The Fluctuating Workweek Under the…