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BLACK v. SETTLEPOU, P.C.

No. 12-10972.

732 F.3d 492 (2013)

Betty BLACK, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. SETTLEPOU, P.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 11, 2013.

Attorney(s) appearing for the Case

Joseph Halcut Gillespie , James Dennis Sanford, Esq. , Gillespie, Rozen & Watsky, P.C., for Plaintiff-Appellant.

Susanna Elaine Johnson , Bourland & Kirkman, L.L.P., Fort Worth, TX, Keith A. Clouse , Clouse Dunn, L.L.P., Dallas, TX, for Defendant-Appellee.

Before REAVLEY, ELROD, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

Betty Black is a former employee of SettlePou, and after a jury found that SettlePou had misclassified Black as exempt from the Fair Labor Standards Act (FLSA), Black became eligible for an award of unpaid overtime wages. In computing the overtime payment award, the district court applied the "Fluctuating Workweek" (FWW) method of calculating overtime by multiplying the number of overtime...

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