Overtime

When calculating overtime due, do you also figure interest - I cannot find a provision in the FLSA that provides for same.


Comments

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  • Yor are right. The FLSA is silent as to interest on unpaid o/t. Courts generally consider interest when ma,king an adjudication that o/t was impropoerly paid, but the various federal circuits approach the interest question differently. Often, if the court grants liquadated or punitive damages, then it will not also grant interest. If no punitive awarded, then more likely to grant interest. If you are in the position of calculating the unpaid o/t on your own, no enforcement action involved, and, if the underpayments were not huge and not to long ago, I wouldn't worry about interest.
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