SAIZAN v. DELTA CONCRETE PRODUCTS CO., INC.

No. CIV.A. 00-598-B-M1.

209 F.Supp.2d 639 (2002)

Stephen SAIZAN, Russell Hooge, and Rodolfo Garcia v. DELTA CONCRETE PRODUCTS COMPANY, INC. and ABC Insurance Company

United States District Court, M.D. Louisiana.

June 20, 2002.


Attorney(s) appearing for the Case

Stephen C. Carleton, James Elwood Moore, Jr., Faye Dysart Morrison, Simoneaux, Carleton, Dunlap & Olinde, L.L.C., Baton Rouge, LA, for plaintiffs.

Thomas Robert Peak, Gerald Michael Pharis, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for defendant.


RULING

POLOZOLA, Chief Judge.

The parties have filed cross motions for partial summary judgment1 on the issue of what method should be used for calculating overtime compensation under the Fair Labor Standards Act ("FLSA"). For reasons which follow, the Court finds that under Fifth Circuit precedent, the "fluctuating workweek" method of calculation is applicable.

In revealing its decision, the Court believes the...

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