HERNANDEZ v. PLASTIPAK PACKAGING, INC.

No. 19-12655.

15 F.4th 1321 (2021)

Hector HERNANDEZ, on his own behalf and on behalf of those similarly situated, Plaintiff-Appellee, v. PLASTIPAK PACKAGING, INC., a Foreign Profit Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: October 13, 2021.


Attorney(s) appearing for the Case

Kimberly De Arcangelis , Attorney, Morgan & Morgan, PA, Orlando, FL, Andrew R. Frisch , Morgan & Morgan, PA, Plantation, FL, for Plaintiff-Appellee.

Ronald G. Acho , Cummings McClorey Davis & Acho, PLC, Livonia, MI, Michael O. Cummings , Cummings McClorey Davis & Acho, PC, New York, NY, Thomas M. Gonzalez , GrayRobinson, PA, Tampa, FL, for Defendant-Appellant.

Before Luck and Brasher, Circuit Judges.


Under the Fair Labor Standards Act, employers must pay non-exempt employees for their overtime hours "at a rate not less than one and one-half times the regular rate at which [they are] employed." 29 U.S.C. § 207(a)(1). In Overnight Motor Transportation Co. v. Missel, 316 U.S. 572...

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