Labor Law

Federal Court of Appeals Affirms Jury Verdict Won by Rogge Dunn Group Overtime Lawyer that our Client was not Required to Pay Overtime Under its Commission Plans

A suit was filed against our Client, Magic Touch Up, Inc. (“Magic Touch”), for failing to pay overtime to its workers who were paid under a commission plan based upon “flag” or “point” hours credited to them (which were distinct from the actual hours they worked). 

The FLSA/overtime lawyer team at Rogge Dunn Group pled and offered evidence as to each element of the Retail or Service Establishment Exemption (which exempts employers from having to pay overtime to certain commissioned employees) under the Fair Labor Standards Act (“FLSA”).  In 2018, a Dallas federal jury unanimously found in favor of our Client. 

On April 16, 2021 the Fifth U.S. Circuit Court of Appeals affirmed the lower court’s judgment in favor of our Client. Bryan Collins, an overtime lawyer at our firm, tried the matter to the jury and handled the successful appeal.

The verdict confirmed that our Client’s policy–not to pay overtime to certain commissioned employees–was legal.

The Fifth U.S. Circuit Court of Appeals went on to describe in detail how the evidence we presented at trial conclusively established each of the three separate elements of the Retail or Service Establishment Exemption.

The three elements of the Retail or Service Establishment Exemption are:

  1. the employee must be employed by a retail or service establishment, and
  2. the employee’s regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
  3. more than half the employee’s total earnings in a representative period must consist of commissions.

Bryan Collins, Greg McAllister, Rogge Dunn, and our other FLSA/overtime lawyers stand ready to assist you with any questions regarding employers’ overtime obligations, commission plans, or employees’ rights to overtime under overtime laws.

MEDIA

An Update on Title IX Changes
READ MORE
Workplace Harassment Lawyer: When You Might Need One
READ MORE
April 29, 2021: Rogge Dunn Group Welcomes Attorney Anna Richardson to the Team
READ MORE
Federal Court of Appeals Affirms Jury Verdict Won by Rogge Dunn Group Overtime Lawyer that our Client was not Required to Pay Overtime Under its Commission Plans
READ MORE
April 15, 2021: Rogge Dunn of Rogge Dunn Group Names Classroom at SMU Business School
READ MORE
Texas Lawyer Publishes Article Written by Rogge Dunn on How Employers Should Handle COVID-19 Vaccine Open Eligibility
READ MORE
Rogge Dunn Group Represents Female General Counsel Against COVID Retaliation & Bullying
READ MORE
Rogge Dunn Interviewed on Fox 26 Houston: Can Employers Require Vaccinations?
READ MORE
Rogge Dunn Quoted in Fox 4 KDFW News Segment on the National Emphasis Program and Federal Agencies’ COVID-19 Policies
READ MORE
Apr. 28, 2021: Rogge Dunn to Speak for the DAYL Trial Skills Boot Camp Spring CLE Zoom Webcast
READ MORE
Employee Commission Chargeback Law: Commission Today, Gone Tomorrow
READ MORE
Rogge Dunn Quoted in Dallas Morning News About Mask Policies of Major Retailers in Dallas
READ MORE
Rogge Dunn Interviewed by CBS 11 News on Reopening Texas
READ MORE
Apr. 19, 2021: Rogge Dunn to Speak in Live Webcast on Commercial Litigation Trends, Updates, and Challenges Amidst the COVID-19 Pandemic
READ MORE
Chase Potter Named to 2021 Best Lawyers Under 40 by D Magazine and Secures Multi-Million Dollar Zoom Verdict
READ MORE
Jan. 26, 2021: Rogge Dunn to Speak in LIVE CLE Webcast on Demystifying the Current Landscape of Broker-Dealers Amidst the COVID-19 Pandemic
READ MORE

Contact Us Today!

Contact us to learn how we can help answer your legal questions.

FILL OUT FORM