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FOSTER v. KRAFT FOODS GLOBAL, INC.

Civil Action No. 09-453.

TERRI L. FOSTER, on behalf of herself and all others similarly situated, Plaintiff, v. KRAFT FOODS GLOBAL, INC., Defendant.

United States District Court, W.D. Pennsylvania.

August 27, 2012.

MEMORANDUM AND ORDER

CATHY BISSOON, District Judge.

I. MEMORANDUM

For the reasons that follow, Defendant's Motion for Summary Judgment (Doc. 45) will be denied, and the Court holds that payment of overtime under the fluctuating workweek method, at one-half times an employee's "regular" or "basic" rate, as opposed to one and one-half times (or more), is impermissible under 34 Pa. Code...

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