Taylor et al v. Amspec LLC

Filing 45

ORDER entered with regards to the compensation calculation. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
WELL TAYLOR, et al.,
Plaintiffs,
VS.
AMSPEC, L.L.C., formerly known as
AMSPEC SERVICES, L.L.C.,
Defendant.

§
§
§
§
§
§
§
§
§
§

ENTERED
June 20, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-14-1730

ORDER
The parties asked for clarification as to whether the “fluctuating workweek method” is the
appropriate way to calculate compensation owed in this case. The court has researched the law and
examined the undisputed evidence in the record and finds and concludes that as a matter of law the
fluctuating workweek method applies. Hanson v. Camin Cargo Control, Inc., No. CIV. A.
H-13-0027, 2015 WL 1737394 (S.D. Tex. Apr. 16, 2015) sets out the proper way to calculate the
regular rate of pay under the fluctuating workweek method. (See Docket Entry No. 38 at 2). “The
regular hourly rate of pay of an employee is determined by dividing his total remuneration for
employment (except statutory exclusions) in any workweek by the total number of hours actually
worked by him in that workweek for which such compensation was paid.” 29 C.F.R. §778.109. If
the plaintiffs received some overtime payment that was erroneously calculated, that amount is
deducted from the half-time premium owed in order to determine the final amount of unpaid
overtime due. Hanson, 2015 WL 1737394, at *8.
SIGNED on June 20, 2017, at Houston, Texas.

______________________________________
Lee H. Rosenthal
Chief United States District Judge