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DACAR v. SAYBOLT, L.P.

No. 16-20751.

914 F.3d 917 (2018)

Joseph DACAR, Individually and for Similarly Situated People; Jason Whitelaw; David Tardiff, et al Plaintiffs-Cross-Appellees Lyle Deroche; Felton Ravia, Plaintiffs-Appellants Cross-Appellees v. SAYBOLT, L.P., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing En Banc February 1, 2019.

Attorney(s) appearing for the Case

Andrew Ross Frisch, Esq. , Morgan & Morgan, P.A., Plantation, FL, for Plaintiff-Appellant Cross-Appellees.

Vanessa Maire Griffith , Vinson & Elkins, L.L.P., Dallas, TX, Ethel Jean Johnson , Attorney, Morgan, Lewis & Bockius, L.L.P., Marie Roach Yeates, Esq. , Vinson & Elkins, L.L.P., Houston, TX, for Defendant-Appellee Cross-Appellant.

Before DAVIS, JONES, and HIGGINSON, Circuit Judges.

The fluctuating workweek ("FWW") method is one way of calculating overtime compensation that satisfies the requirements of the Fair Labor Standards Act ("FLSA"). See 29 C.F.R. § 778.114(a). Saybolt LP, a petroleum products company, used the FWW method to calculate overtime compensation...

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