No Circuit Breakers Here: The Fifth Circuit Adopts Amalgamated Definition of "Commission" Severing Overtime Hopes for Cable Technicians

Article by Jaclyn A. Kundrat

After working long hours, longer than the forty-hour work week many Americans consider standard, one might expect a comparably large paycheck. The idea of overtime is so ubiquitous it even comes up in popular culture and songs. However, as the cable technicians in Taylor v. HD & Associates, L.L.C. came to find out, the colossal Fair Labor Standards Act (FLSA) balances protections for employees with safety valves for employers, supplying the latter with exemptions to overtime pay. In the noted case, the United States Court of Appeals for the Fifth Circuit grappled with the question of whether the FLSA and its overtime protections extend to these cable technicians, requiring the court to consider and adopt a definition for “commission.”


About the Author

Jaclyn A. Kundrat, J.D. Candidate 2024, Tulane University Law School; B.A., 2012, Boston College. I would like to thank the members and staff of the Tulane Law Review for their assistance in preparing this Case Note for publication. This Case Note is dedicated to my parents, Kathleen and Joseph Kundrat, for their boundless love and their support of me and my writing.

Citation

97 Tul. L. Rev. 599