Clements v. Serco, Inc.

MURPHY, Circuit Judge.

Serco, Inc. (“Serco”) appeals the district court’s ruling on summary judgment that civilian military recruiters employed by the company are entitled to overtime compensation under the Fair Labor Standards Act (“FLSA”). We conclude that because Serco’s employees did not obtain commitments from recruits, they were not engaged in sales. They therefore do not fall under FLSA’s “outside salesmen” exemption. The employees, Gary Clement and David Gerber (“Employees”), cross-appeal the district court’s calculation of back-pay based on the “fluctuating workweek” approach, and ask…