Legal Opinion
Kristy Douglas v. Xerox Business Services
Court of Appeals for the Ninth Circuit
Decided November 15, 2017No. 16-35425PublishedCited by 23 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
In this appeal, we address an issue of first impression in our circuit regarding the minimum-wage provision of the Fair Labor Standards Act (“FLSA”). Specifically, we consider whether the relevant unit for determining minimum-wage compliance is the workweek as a whole or each individual hour within the workweek. Although the statutory text and context do not conclusively answer this question, we are persuaded by the powerful history of administrative and judicial decisions that have adopted the per-workweek approach since the passage of the FLSA in 1938. We join…
2Cases cited23 opinions
- Payne v. TennesseeSupreme Court of the United States · 1991
- Brooklyn Savings Bank v. O'NeilSupreme Court of the United States · 1945
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
- Overnight Motor Transportation Co. v. MisselSupreme Court of the United States · 1942
- Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Andrea Hirst v. Skywest, Inc.Court of Appeals for the Seventh Circuit · 2018
- Hirst v. Skywest, Inc.District Court, E.D. Illinois · 2017
- Certification From the U.S. Dist. Court for the E. Dist. of Wash. in Mariano Carranza v. Dovex Fruit Co.Washington Supreme Court · 2018
- Julian v. Swift Transp. Co.District Court, D. Arizona · 2018
- Alaska Department of Fish and Game v. Federal Subsistence BoardCourt of Appeals for the Ninth Circuit · 2025
18 more not listed; retrieve them via the Exa API.