Linda Stone v. Troy Construction LLC

JORDAN, Circuit Judge.

Linda Stone sued Troy Construction Inc. ("Troy"), on behalf of herself and others similarly situated, alleging a willful violation of the Fair Labor Standards Act ("FLSA"). She claims that Troy paid local employees per diem compensation that should have been classified as wages and included in the regular rate of pay, which would in turn have affected the calculation of overtime pay. The District Court was unpersuaded and granted summary judgment for Troy, holding that, as a matter of law, there had been no willful violation of the FLSA. Whether a violation is willful…