approving fixed-rate pay structure under § 778.309 where "there was a clear understanding . . . overtime and wages [were] included in the 12-hour day"
Summary of this case from U.S. Dep't of Labor v. Fire & Safety Investigation Consulting Servs., LLCNos. 95-1106, 95-1187.
June 19, 1996.
E.D.Va., 870, F.Supp. 1384.
AFFIRMED IN PART, REMANDED IN PART.
approving fixed-rate pay structure under § 778.309 where "there was a clear understanding . . . overtime and wages [were] included in the 12-hour day"
Summary of this case from U.S. Dep't of Labor v. Fire & Safety Investigation Consulting Servs., LLCrejecting argument that the standard of proof for punitive damages in Title VII case is clear and convincing evidence because "[i]n discrimination cases brought under federal law, punitive damages need be proven only by a preponderance of the evidence"
Summary of this case from White v. Burlington N. & Santa Fe Ry. Co.stating the district court has "broad leeway" to relax or modify its local rules and procedural orders
Summary of this case from Berg Corp. v. C. Norris Mfg., LLCFull title:McCLUNG v. SMITH
Court:United States Court of Appeals, Fourth Circuit
Date published: Jun 19, 1996
hat Title VII's silence with respect to an evidentiary standard suggests that a conventional preponderance of…
U.S. Dep't of Labor v. Fire & Safety Investigation Consulting Servs., LLCWhere an employee works a regular fixed number of hours in excess of the statutory maximum each workweek, it…