Legal Opinion
Berry v. Excel Group, Inc.
Court of Appeals for the Fifth Circuit
Decided April 19, 2002No. 01-40239PublishedCited by 14 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Appellant, an electrician who works for various sub-contractors on large constructions jobs, challenges the district court’s order declining to include a weekly expense per diem payment as part of his regular wages for purposes of computing overtime compensation. For reasons states below, we agree with the district court that the expenses the per diem was designed to reimburse were incurred primarily for the employer’s benefit and were not excessive. We therefore affirm the district court’s judgment.
I
Dale Berry, an electrician, was hired by Excel Group, Inc.…
2Cases cited2 opinions
- Fed. Carr. Cas. P 84,067 Tex Morris Cindy Sagrera Morris v. Covan World Wide Moving, Incorporated Coleman American Moving Services, IncorporatedCourt of Appeals for the Fifth Circuit · 1998
- Merritt-Campbell, Inc., Plaintiff-Counter Defendant-Appellee-Cross-Appellant v. Rxp Products, Inc., Defendant-Counter Plaintiff-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1999
3Cited by14 opinions
- Yassine Baouch v. Werner Enterprises, Inc.Court of Appeals for the Eighth Circuit · 2018
- B & D CONTRACTING v. PearleyCourt of Appeals for the Fifth Circuit · 2008
- Powell v. Carey International, Inc.District Court, S.D. Florida · 2007
- William J. Lang Land Clearing, Inc. v. ADMINISTRATOR, WAGE AND HOUR DIVISIONDistrict Court, E.D. Michigan · 2007
- Baouch v. Werner Enterprises, Inc.District Court, D. Nebraska · 2017
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