Dec. 13, 2021, 2:42 PM
- FLSA case considers if per diems are wages or reimbursements
- 9th Cir. said per diems were improperly excluded from OT rate
The U.S. Supreme Court announced Monday it won’t review the Ninth Circuit’s ruling that weekly per diems paid to traveling nurses and medical technicians functioned as wages, not reasonable reimbursements for travel expenses, under the Fair Labor Standards Act.
The dispute would have presented the issue before the high court for the first time.
Nursechoice, a healthcare staffing company, paid these employees a weekly per diem when they were scheduled to work away from home for an extended period and reduced the amounts if they missed hours or shifts during these assignments. It also allowed them to “bank” any extra …
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