Brock v. Two "R" Drilling Co.

ON PETITION FOR REHEARING

(Opinion October 7, 1985, 5 Cir., 1985, 772 F.2d 1199)

GARWOOD, Circuit Judge:

The government in its petition for rehearing attacks our prior holding, by a divided panel, 772 F.2d 1199 (5th Cir.1985), that the bonus payments in issue were overtime compensation and hence excluda-ble from the employees’ regular rate of pay for purposes of computing the minimum required overtime premium under section 7 of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207.

On reconsideration, concluding that the government’s argument in this respect has merit and that the prior contrary…