- Written by Hannah Fortin
- Written by Jarred Lieber
In a recent decision out of Washington, the Ninth Circuit considered for the first time whether, under the Fair Labor Standards Act (“FLSA”), the proper unit for determining minimum wage compliance is the workweek as a whole or each individual hour within the workweek. The Ninth Circuit concluded that the workweek is the standard period of time over which minimum wage compliance is judged. Based upon the Ninth Circuit’s decision, wages earned over the course of the work week may be averaged to determine whether the employer has met its minimum wage obligation. Therefore, under the FLSA, employers need only ensure that their employees’ weekly pay divided by the total hours worked in that work week equals or exceeds the Federal minimum wage.