Kucera v. City of Wheeling

I respectfully dissent from that part of the majority opinion affirming the circuit court’s approval of the pay schedule formulated by the Wheeling city manager. It is uncontroverted that the Wheeling firemen regularly work sixty-hour weeks. It is unanimously agreed that *868Code, 1931, 21-5C, as amended, requires payment at a rate of one and one-half times the regular hourly rate for hours in excess of forty-eight worked each week. This dispute concerns the formula for determining the regular hourly rate.

The City of Wheeling arrived at a regular hourly rate in a manner approved by the majority…