Johnson, et al. v. Heckmann Water Resources, Inc., et al., No. 13-40824 (5th Cir. 2014)
Annotate this CasePlaintiffs filed suit against their former employer seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. In light of the plain language of 29 C.F.R. 778.105, the persuasive value of the Opinion Letter, and the reasoning in Abshire v. Redland Energy Services, the court agreed with the Eighth Circuit that, under the FLSA, an employer has the right to establish a workweek and was not required to begin the workweek on any given day. In this case, the employer did not violate the overtime wage requirements of the FLSA by using a Monday through Sunday workweek to calculate overtime compensation. Accordingly, the court affirmed the judgment of the district court.
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