BRENNAN v. LAUDERDALE YACHT BASIN, INC.

No. 73-1056.

493 F.2d 188 (1974)

Peter J. BRENNAN, Secretary of Labor, UNITED STATES Department of Labor, Plaintiff-Appellant, v. LAUDERDALE YACHT BASIN, INC., and Glen H. Friedt, Individually, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 26, 1974.


Attorney(s) appearing for the Case

Carin Ann Clauss, U. S. Dept. of Labor, Richard F. Schubert, Sol. of Labor, Donald S. Shire, Atty., U. S. Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Sol., U. S. Dept. of Labor, Atlanta, Ga., Edwin G. Salyers, Sandra P. Bloom, Attys., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant.

John L. Britton, Miami, Fla., for defendants-appellees.

Before BELL, COLEMAN and RONEY, Circuit Judges.


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...

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