United States Seventh Circuit
Urnikis-Negro v. Am. Family Prop. Serv., 08-3117
In plaintiff's suit against her employers for violation of the Fair Labor Standards Act for mistakenly treating her as an administrative employee who was exempt from the overtime provisions of the statute, district court' s calculation of plaintiff's regular rate of pay and the premium to which she was entitled for the overtime hours she worked is affirmed as, although 29 C.F.R. section 778.114(a) itself does not provide the authority for applying the fluctuating workweek (FWW) method in a misclassification case, it was appropriate for the district court to apply the FWW method in this case as the authority to do so is found in the Supreme Court's decision in Overnight Motor Transp. Co. v. Missel, 316 U.S. 572 62 S. Ct. 1216 (1942), which approved this method of calculating an employee's regular rate of pay and corresponding overtime premium.
Appellate Information
- Argued 09/11/2009
- Decided 08/04/2010
- Published 08/04/2010
Judges
Court
- United States Seventh Circuit