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RANSOM v. M. PATEL ENTERPRISES, INC.

No. 12-50534.

734 F.3d 377 (2013)

Abigail F. RANSOM, Individually and on Behalf of Others Similarly Situated; Bonnie Kurz, Individually and on Behalf of Others Similarly Situated; Lori A. Hopmann, Individually and on Behalf of Others Similarly Situated; Vernon K. Henneman, Jr., Individually and on Behalf of Others Similarly Situated; Daniel W. Owings, Individually and on Behalf of Others Similarly Situated, Plaintiffs-Appellees Cross-Appellants v. M. PATEL ENTERPRISES, INCORPORATED, doing business as Party City, doing business as Party Pig Superstore; Mitesh M. Patel; Jaymini Amin, also known as Jaymi Patel, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 16, 2013.

Attorney(s) appearing for the Case

Edmond S. Moreland, Jr. (argued), Floreani & Moreland, L.L.P., Wimberley, TX, David Weiser, Esq. , Kator, Parks & Weiser, P.L.L.C., Austin, TX, for Plaintiffs-Appellees Cross-Appellants.

Justin Michael Welch (argued), Blazier Christensen Bigelow & Virr, P.C., Austin, TX, for Defendants-Appellants Cross-Appellees.

Before REAVLEY, JOLLY, and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

After a jury found Abigail F. Ransom and fifteen other executive managers (collectively hereinafter, plaintiffs) of Party City, a retail chain, to be misclassified by their employer as exempt from the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq., the plaintiffs became eligible for an award of overtime wages. Because the plaintiffs were paid a weekly salary, the trial court had to compute their hourly rate of...

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