· 3/13/2007
Dong Yi and Edgar Martinez, Individually and on Behalf of All Others Similarly Situated v. Sterling Collision Centers, Inc.
Citations
- 480 F.3d 505
- 12 Wage & Hour Cas.2d (BNA) 673
- 2007 U.S. App. LEXIS 5760
- 2007 WL 738969
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding payment plan to be a bona fide commission even though it described itself as a non-exempt “piece-rate” plan
- holding a system in which mechanics are paid by multiplying the expected hours for a job by their individual rate is a bona fide commission system because compensation is based on sales
- affirming summary judg- ment even though technicians were paid different baseline hourly rates based on skill and experience
- holding Section 7(i) 9 exemption applies where compensation determined by multiplying the number of booked 10 hours for the job by the ratio of the team member’s actual hours worked to the total hours 11 worked by the team, and then by a wage per booked (not actually worked
- rejecting the “clear and affirmative evidence” standard and holding that, to establish an FLSA exemption, an employer must meet the burden of proof by a “preponderance of the evidence,” because there was no indication Congress intended a higher standard to apply
- “The essence of a commission is that it bases compensation on sales” and the worker’s pay is “decoupled from actual time worked.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Wood, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.