Law Commons^™

Overtime Pay Under The Fair Labor Standards Act, Paul H. Sanders

Vanderbilt Law Review

Any rate of pay exceeding the statutory minimum that the parties to an employment agreement decide upon is permissible as far as the Federal Fair Labor Standards Act 1 is concerned. In general, too, the mode of payment is uncontrolled by the statute. Does this freedom of contract include the power to make arrangements with respect to the agreed-upon compensation which will be legally effective in determining liability under the statute? This question indicates in broad scope the most persistent controversy centering around the term "regular rate of pay," which, although undefined in the Act, is the required basis for …