eBook details
- Title: Brennan v. Lauderdale Yacht Basin Inc.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 26, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
RONEY, Circuit Judge: This is a Fair Labor Standards Act case involving yacht salesmen at the defendants' marina and boat yard. The salesmen work irregular hours and are paid strictly on a commission basis. The District Court held there could be no violations of the minimum pay and overtime provisions of the Act because the total commissions paid to the salesmen annually were sufficient to include the $1.60 statutory minimum for all hours up to forty a week and time-and-a-half or $2.40 for all overtime hours. Holding that the District Court erroneously equated the minimum wage with the regular rate of pay in deciding whether overtime might be due under the Act, we reverse and remand for further proceedings.