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Dufrene v. Browning-Ferris, Inc.

207 F.3d 264 (2000)

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Dufrene v. Browning-Ferris, Inc.

United States Court of Appeals for the Fifth Circuit
207 F.3d 264 (2000)

Facts

Browning-Ferris, Inc. (defendant) employed Eldon Dufrene and others (employees) (plaintiffs) as drivers or hoppers for garbage and recycling trucks. Hoppers rode on the trucks, retrieved trash, and emptied it into the trucks. Browning-Ferris paid the employees a day rate, meaning that the employees were guaranteed a full day’s pay regardless of the number of hours worked. To calculate overtime compensation, Browning-Ferris first multiplied an employee’s day rate by the number of days worked that week and divided that by the number of hours worked. This determined the employee’s hourly rate for the week. Browning-Ferris then divided the hourly rate by two and multiplied that by the number of overtime hours to yield the total amount to be paid in overtime. The employees sued Browning-Ferris, arguing that this method of calculating overtime pay violated the Fair Labor Standards Act (FLSA). The parties filed cross-motions for summary judgment. Browning-Ferris argued that its method of calculating overtime compensation complied with 29 C.F.R. § 778.112. The district court held that Browning-Ferris’s overtime method complied with the FLSA, and the employees appealed.

Rule of Law

Issue

Holding and Reasoning (Barksdale, J.)

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