FLSA2019-13: Addressing the ordinary meaning of the phrase “not less than one month” for purposes of FLSA section 7(i)’s representative period requirement;
CONCLUSION A fair reading of the phrase “not less than one month” in the Section 7(i) exemption requires the conclusion that six, but not four, consecutive weekly pay periods satisfy the retail or service establishment exemption’s requirement that a representative period be not less than one month. It similarly requires the conclusion that three, but not two, consecutive bi-weekly pay periods satisfy the retail or service establishment exemption’s requirement that a representative period be not less than one month. Please note that such a six-week period must also be “representative” and other criteria must be satisfied for the exemption to apply. See 29 C.F.R. Part 779
Resources
Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018)
Taniguchi v. Kan. Pac. Saipan, Ltd., 566 U.S. 560, 566 (2012)
Sheets v. Selden ‘s Lessee, 69 U.S. (2 Wall.) 177, 190 (1864)
Fogel v. Comm ‘r of Internal Revenue, 203 F .2d 347, 349 (5th Cir. 1953)
Whiteside v. Metro. Life Ins. Co., 798 F. Supp. 1380, 1390 (D. Minn. 1992)
In re Ionosphere Clubs, Inc., 111 B.R. 436,442 (S.D.N.Y. 1990)
Heidi Macomber 