
E
mployers often try to manage overtime by adjusting schedules, staffing, or compensation models.
W
hat they cannot do is manage overtime by adjusting the “regular rate” in a way that only shows up when overtim
e
does. That distinction mattere
d
here. TL;DR: A federal appeals court affirmed summary judgment for an employee where the employer reduced the employee’s non-overtime hourly rate only during overtime-heavy weeks and restored the higher rate once overtime
