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FREIXA v. PRESTIGE CRUISE SERVICES, LLC

No. 16-13745.

853 F.3d 1344 (2017)

Sean FREIXA, on behalf of himself and others similarly situated, Plaintiff-Appellant, v. PRESTIGE CRUISE SERVICES, LLC, a Delaware Limited Liability Company, Prestige Cruise Holdings, Inc., a Foreign Corporation, et al., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 13, 2017.

Attorney(s) appearing for the Case

Sam Jones Smith , Loren Donnell , Tamra Givens , Burr & Smith, LLP, St. Petersburg, FL, Keith M. Stern , Law Office of Keith M. Stern, PA, Miami, FL, Robert S. Norell , Robert S. Norell, PA, Plantation, FL, for Plaintiff-Appellant.

Mark J. Neuberger , Angelica Leigh Boutwell , Larry Scott Perlman , Foley & Lardner, LLP, Miami, FL, for Defendants-Appellees.

Dean Romhilt , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae Secretary, U.S. Department of Labor.

Before WILLIAM PRYOR and MARTIN, Circuit Judges, and DUFFEY, District Judge.

This appeal requires us to decide whether, in calculating an employee's hourly rate of pay to determine if he is exempt from federal overtime laws, a district court may allocate the employee's commissions to hours worked outside the periods in which the commissions were earned...

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