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Employment Law

The FLSA's Overtime Provisions

Construing Them Broadly, But the Exemptions Narrowly

FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But this canon has a dubious foundation and tends to be applied inconsistently to justify a result.

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FLSA cases holding against employers typically invoke a canon of construction that the FLSA should be construed broadly, and any of its exemptions narrowly. But a study of the roots of this language shows that the canon has a dubious foundation and that it tends to be applied inconsistently to justify a result.

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