United States Fifth Circuit

In a suit against a sub-contractor by its employee seeking to have a "per diem" counted as regular pay rather than reimbursement, thus raising his hourly and overtime wage rates, the per diem was reasonable under the FLSA, having been incurred primarily for the employer's benefit, and was not excessive.

Appellate Information

• Decided 04/19/2002
• Published 04/19/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before ALDISERT,DAVIS and PARKER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Gerard Werner (argued), Reaud, Morgan & Quinn, Beaumont, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Thomas Harry Kiggans (argued), Phelps Dunbar, Baton Rouge, LA, for Defendant-Appellee.