Employers grappling with workplace attendance issues in the wake of the COVID-19 coronavirus may soon face additional challenges resulting from a potential economic downturn. Media stories are already beginning to report on potential furloughs and layoffs. For some employers, reducing the workweek (e.g., from 5 working days to 4 working days) could be a reasonable business response. But would reducing the workweek affect the overtime exemption for exempt employees?
That question has been answered by the Tenth Circuit in In re Wal-Mart Stores, Inc., 395 F.3d 1177 (10th Cir ...
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