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STEIN v. HHGREGG, INC.

No. 16-3364.

873 F.3d 523 (2017)

Robert STEIN and Robert Beck, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. HHGREGG, INCORPORATED and Gregg Appliances, Inc., d/b/a hhgregg, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2017.

Attorney(s) appearing for the Case

ARGUED: Michael J. O'Hara , O'HARA, RUBERG, TAYLOR, SLOAN & SERGENT, Covington, Kentucky, for Appellants. Danuta Bembenista Panich , OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Indianapolis, Indiana, for Appellees. ON BRIEF: Michael J. O'Hara , Megan E. Mersch , O'HARA, RUBERG, TAYLOR, SLOAN & SERGENT, Covington, Kentucky, Peter L. Cassady , Kristen M. Myers , BECKMAN WEIL SHEPARDSON LLC, Cincinnati, Ohio, for Appellants. Danuta Bembenista Panich , Christopher C. Murray , Michelle Maslowski , OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Indianapolis, Indiana, for Appellees.

MOORE, J., delivered the opinion of the court in which WHITE, J., joined, and SUTTON, J., joined in part. SUTTON, J. (pp. 539-40), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Defendants hhgregg, Inc. and Gregg Appliances, Inc. have a uniform compensation policy whereby their retail and sales employees, who are paid solely on the basis of commission, are advanced a "draw" to meet the minimum-wage requirements whenever their commissions fall below minimum wage. The amount...

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