Hartsell v. Dr. Pepper Bottling Co. of Texas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RHESA HAWKINS BARKSDALE, Circuit Judge:
The overtime, based on a day-rate, paid by Dr. Pepper Bottling Company of Texas to employees, who claimed compensation on an hourly basis, having been found violative of the Fair Labor Standards Act, 29 U.S.C. §§ 201-19 (FLSA), primarily at issue is whether, before Dr. Pepper could pay overtime on that day-rate basis, pursuant to the method set by 29 C.F.R. § 778.112, employees had to have agreed to be compensated on that, rather than an hourly, basis. We AFFIRM in PART and VACATE and REMAND in PART.*
I
Hartsell and the other plaintiffs (employees) were…
2Cases cited8 opinions
- Johnson v. Sawyer,et alCourt of Appeals for the Fifth Circuit · 1997
- Kelly v. Boeing Petroleum Services, Inc.Court of Appeals for the Fifth Circuit · 1995
- Highlands Insurance Company v. National Union Fire Insurance Company of PittsburghCourt of Appeals for the Fifth Circuit · 1994
- Danny L. Russell v. Plano Bank & TrustCourt of Appeals for the Fifth Circuit · 1997
- Bernard v. IBP, Inc. of NebraskaCourt of Appeals for the Fifth Circuit · 1998
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