Skyline Homes, Inc. v. Department of Industrial Relations

Opinion

MORRIS, P. J.

Appeal from an order granting summary judgment.

Facts

The facts of this case are not in dispute. Defendants, Johannes and Cozine, both salesmen employed by plaintiff Skyline Homes, Inc., worked what is commonly known as a fluctuating workweek which guarantees a fixed minimum salary to employees who work varying hours from week to week. Depending on factors such as business volume and the season of the year, the length of defendant’s workweek varied from less than 40 hours some weeks to over 40 hours other weeks. Although Johannes and Cozine were guaranteed a fixed minimum…