Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Brown Equipment and Service Tools, Inc.

RUBIN, Circuit Judge:

The Fair Labor Standards Act requires the payment of time and one-half an employee’s regular rate of pay for each hour worked in excess of forty in any workweek. As an exception to this general rule, the Act permits an employer to establish a pay plan, eponymously called a “Belo plan” after the employer whose such plan was first approved by the Supreme Court, guaranteeing a set weekly wage for all hours worked in a week up to sixty. The Secretary contends that the alleged Belo plan used by Brown Equipment and Service Tools, Inc. (“BEST”) did not comply with the statutory…