United States Fourth Circuit

In plaintiffs' suit against their former employer for unpaid overtime compensation under the Fair Labor Standards Act (FLSA), district court's judgment is affirmed in part, vacated in part and remanded where: 1) the district court's method of computing unpaid overtime compensation is affirmed as, in Overnight Motor, the Court recognized that employees and employers are free to agree to a reduced hourly wage in exchange for a fixed weekly salary, provided the fixed weekly salary covers all hours worked and meets minimum wage requirements, and here, the former employees agreed to receive straight time pay for all hours worked in a given workweek and have already received such pay; but 2) the district court erred in granting summary judgment on the issue of willfulness as a genuine issue of material fact exists as to willfulness.

Appellate Information

• Argued 09/23/2010
• Decided 01/14/2011
• Published 01/14/2011

Judges

• DEVER

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Paul B. Weiss, Brian Michael Peterson