Case: Wage & Hour/Overtime (5th Cir.)

A federal district court court in Texas properly determined that the employees of a Houston-based real estate firm who work as seasonal property-tax-consultants aren’t administratively exempt from the overtime requirements under the Fair Labor Standards Act, and that the “fluctuating workweek” method of calculating overtime doesn’t apply. Substantial evidence showed that the consultants didn’t provide tax or financial advice or help manage business operations, and so didn’t meet the exemption under the FLSA’s overtime rules, the court said. The fluctuating workweek method of calculating overtime didn’t apply to the consultants because it was unclear if the parties agreed they’d receive ...