Leroy F. Thomas, Jr. v. Howard University Hospital Howard University

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

We begin with a bit of history familiar to students of Hart & Wechsler’s The Federal COURTS AND THE FEDERAL SYSTEM 300-01 (1953), and of their later editions. Section 207(a)(1) of the Fair Labor Standards Act of 1938, commonly known as the “maximum hours provision,” entitles an employee who works more than forty hours in a “workweek” to receive from his employer “one and one-half times the regular rate at which he is employed” for such “excess” work. 29 U.S.C. § 207(a)(1). The original Act rendered employers who…