Legal Opinion

Robert B. Reich, Secretary of Labor United States Department of Labor v. Delcorp, Inc., a Corporation Arizona Carpet Cleaning, Inc., a Corporation

Court of Appeals for the Eighth Circuit

Decided August 31, 1993No. 92-3716PublishedCited by 28 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

The overtime provisions of the Fair Labor Standards Act (FLSA) entitle an hourly worker who works more than forty hours a week to be paid at the rate of one and one-half times his normal wage for each hour over forty hours. See 29 U.S.C. § 207(a)(1) (1988). This provision does not apply, however, to employees of a “retail or service establishment” if the employee’s regular rate of pay is more than 1.5 times the minimum wage and if “more than half his compensation for a representative period (not less than one month) represents commissions on goods or services.” 29 U.S.C.…

2Cases cited8 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. A. H. Phillips, Inc. v. WallingSupreme Court of the United States · 1945
  3. United States v. PriceSupreme Court of the United States · 1960
  4. Mitchell v. Kentucky Finance Co.Supreme Court of the United States · 1959
  5. Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966

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3Cited by28 opinions

  1. Dong Yi and Edgar Martinez, Individually and on Behalf of All Others Similarly Situated v. Sterling Collision Centers, Inc.Court of Appeals for the Seventh Circuit · 2007
  2. Gieg v. Ddr, Inc.Court of Appeals for the Ninth Circuit · 2005
  3. Ramon Alvarado v. Corporate Cleaning Services, ICourt of Appeals for the Seventh Circuit · 2015
  4. Stahl v. Delicor of Puget Sound, Inc.Washington Supreme Court · 2003
  5. Stahl v. Delicor of Puget Sound, Inc.Washington Supreme Court · 2003

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