Use Of Fluctuating Workweek Method To Compute Damages Disallowed

A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed class action, in which the workers said the satellite television provider miscalculated their overtime pay rates. The case is entitled Frisari v. Dish Network LLC, and was filed in federal court in the District of New Jersey.

The workers urge that the award, which gave the employees overtime at time and one-half, instead of the half-time overtime rates they were paid, is appropriate under long established principles. The plaintiffs urge that "it is well established that when this court reviews an arbitration award, as long as the arbitrator's award is not by 'his own brand of industrial justice,' the award is legitimate."