Stephen Allen, Jr. v. Entergy Louisiana, L.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a Fair Labor Standards Act (“FLSA”) case in which the plaintiffs allege that they were misclassified as exempt from the overtime pay rule and seek backpay. The district court entered summary judgment that, assuming that the plaintiffs were 'found misclassified, their regular rate of pay would be calculated pursuant to the fluctuating workweek method for the purpose of determining the backpay owed to them. Concluding that the judgment was premature, we reverse.

I

The FLSA guarantees to all covered employees who work more than forty hours in one week…