The US Supreme Court declined Monday to review the proper path for determining whether nurses who say San Francisco wrongly underpaid them for extra shifts fall under an overtime exemption for salaried workers.
There are two routes to satisfy the salary basis test, depending on whether an employer pays workers weekly or, alternatively, by the day or hour. The high court won’t consider whether the US Court of Appeals for the Ninth Circuit identified the correct route for public-sector employees who earned an hourly wage, which could complicate the nurses’ ability to argue they aren’t exempt salaried workers.
The Ninth …
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