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LOPEZ v. ART KRAFT CONTAINERS, CORP.

Civ. A. No. 86-3862.

660 F.Supp. 404 (1987)

Baltazor LOPEZ, et al. v. ART KRAFT CONTAINERS, CORP., et al.

United States District Court, E.D. Pennsylvania.

May 20, 1987.

Attorney(s) appearing for the Case

Margaret A. Browning, Spear, Wilderman, Sigmond, Borish Endy & Silverstein, Philadelphia, Pa.,for plaintiffs.

Michael L. Banks, Morgan, Lewis & Bockius, Philadelphia, Pa., for defendants.

MEMORANDUM AND OPINION

KATZ, District Judge.

In this case of first impression, I determine that "up front" bonus payments under collective bargaining agreements are part of the base to calculate overtime even though the union and the employers agreed that there would be no "roll up" of the lump sum payments. The issue is whether the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (the FLSA) obligates defendant employers to include lump sum...

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