LIPEZ, Circuit Judge.
The Fair Labor Standards Act requires that non-exempt employees who work more than forty hours in a week must be paid overtime at a rate of at least one-and-a-half times their "regular rate" of pay. Plaintiffs in this case contend that their employer wrongly labeled part of their regular hourly wage a "per diem" and excluded the per diem when calculating the rate for overtime, thus depriving them of overtime pay. The proof, plaintiffs claim,...
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