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9th Circuit Adopts Workweek as Proper Measure for Minimum Wage Compliance

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Following the lead of several other courts of appeals and the long-held position of the U.S. Department of Labor (DOL), the U.S. 9th Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—recently concluded that minimum wage compliance under the Fair Labor Standards Act (FLSA) is determined by dividing the total weekly earnings by the total hours worked that week.

If the result of that calculation is equal to or higher than the required minimum wage, the employer is in compliance even though it may have paid less than minimum wage for some hours worked

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