JOHNSON v. HECKMANN WATER RESOURCES (CVR), INC.

No. 13-40824.

758 F.3d 627 (2014)

Kevin JOHNSON, Individually and on behalf of similarly situated individuals; Brad Smith, Individually and on behalf of similarly situated individuals, Plaintiffs-Appellants v. HECKMANN WATER RESOURCES (CVR), INCORPORATED; Complete Vacuum and Rental, L.L.P., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 14, 2014.


Attorney(s) appearing for the Case

Charles Robert Dendy, I , Lufkin, TX, for Plaintiffs-Appellants.

Katherine Khristine Elrich , Monte Keith Hurst, Esq. , Hermes Sargent Bates, L.L.P., Dallas, TX, for Defendants-Appellees.

Before HIGGINBOTHAM, JONES, and PRADO, Circuit Judges.


EDWARD C. PRADO, Circuit Judge:

The district court granted Defendants-Appellees' motion for summary judgment, finding that they did not violate the overtime wage requirements of the Fair Labor Standards Act ("FLSA") by using a Monday through Sunday workweek to calculate overtime compensation. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs-Appellants Kevin Johnson ("Johnson") and Brad Smith ("Smith") (collectively "Appellants") filed suit...

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