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HARTSELL v. DR. PEPPER BOTTLING CO. OF TEXAS

No. 98-11436.

207 F.3d 269 (2000)

Brett HARTSELL, Jacob Wells, Joseph Wells, III, Shawn Patrick, Christopher Siems, Shawn Begley, Oscar Torres, Gerald Davis, Captain, Jekeith Wilson, Benito Torres, Plaintiffs-Appellees, v. DR. PEPPER BOTTLING COMPANY OF TEXAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 2000.

Attorney(s) appearing for the Case

Steven B. Thorpe (argued), Carla S. Hatcher, Thorpe, Hatcher & Washington, Dallas, TX, for Plaintiffs-Appellees.

Timothy Stuart Perkins, Paul Theodore Stoinoff, II, Smith, Underwood & Perkins, Dallas, TX, Michael S. Mitchell (argued), Fisher & Phillips, New Orleans, LA, for Defendant-Appellant.

Before JONES, BARKSDALE and DENNIS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

The overtime, based on a day-rate, paid by Dr. Pepper Bottling Company of Texas to employees, who claimed compensation on an hourly basis, having been found violative of the Fair Labor Standards Act, 29 U.S.C. §§ 201-19 (FLSA), primarily at issue is whether, before Dr. Pepper could pay overtime on that day-rate basis, pursuant to the method set by 29 C.F.R. § 778.112, employees had to have agreed to be compensated...

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