Yuille v. Pester Marketing Co.

This is an appeal by an employer, Pester Marketing Company, from a judgment affirming a decision of the Department of Human Resources awarding back pay and statutory penalties to the two claimants, former employees.

Pester Marketing Company has what it calls a “two-part compensation plan” for its gasoline station managers, under which the manager is paid $3.35 per hour up to forty hours per week, $5.03 per hour for overtime hours, and a monthly “bonus.” If the station is a convenience store operation, the manager’s bonus is $550 per month if the manager works 54 hours per week, and $500 per…