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DUFRENE v. BROWNING-FERRIS, INC.

No. 98-31321.

207 F.3d 264 (2000)

Eldon P. DUFRENE, et al., Plaintiffs, Eldon P. Dufrene, Ernest Johnson, Sr., on behalf of themselves and others similarly situated, Kevin Melendez, Howard Self, Vernon Ross, et al., Plaintiffs-Appellants, v. BROWNING-FERRIS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 20, 2000.

Attorney(s) appearing for the Case

Daria Burgess Diaz (argued), Metairie, LA, Andrew Allen Lemmon, Lemmon, Ellis & Diaz, New Orleans, LA, for Plaintiffs-Appellants.

Alok Ahuja (argued), William C. Odle, Lathrop & Gage, Kansas City, MO, for Defendant-Appellee.

Before JONES, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

For the summary judgment awarded Browning-Ferris, Inc. (BFI), on the basis that overtime paid its day-rate employees is not violative of the Fair Labor Standards Act, 29 U.S.C. §§ 201-19 (FLSA), primarily at issue is whether 29 C.F.R. § 778.112 (method for computing overtime pay for day-rate employees) is a permissible interpretation of the FLSA. We AFFIRM.*

I.

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