FLSA minimum wage requires reimbursement to employee for expenses if failure to do so results in net wages falling below required minimum

The plaintiff was employed by the Board of Education as a food service driver, which involved delivering food and supplies to schools within the city of Hoboken. The plaintiff used his own vehicle, and he paid for gas out of his own pocket. After the plaintiff’s position was eliminated, he commenced suit against the Board alleging, among other things, that the Board had violated the FLSA because his net pay, after deducting the gas expenses, put his earnings below the statutory minimum requirement. While the court acknowledged that the DOL regulations provide that the determination of the minimum wage must be made after required expenses are deducted, Judge McNulty found that the plaintiff’s claim failed since he could not establish that his net wages were below the statutory minimum and the FLSA doesn’t require reimbursement absent such a showing.

_{Case Law Alerts, 3rd Quarter, July 2015}

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