FLSA Claim for Unpaid Overtime Fails Due to Plaintiff’s Lack of Evidence

Sergio Leal worked as a paint prepper for Magic Touch Up, Inc. for thirteen months. The first three months of his employment, Magic Touch Up paid him $16 per hour for the first 40 hours and time and one-half for any hours over 40 in one workweek. Throughout the next ten months, Magic Touch Up paid Leal based on three different commission plans. Leal alleges his employer did not pay him earned overtime wages under these commission plans. A jury trial in district court found Magic Touch Up did not fail to pay Leal overtime wages as required by law. Leal appealed to the Fifth Circuit Court of Appeals. Learn more about the complicated commission structure and how the court determined whether or not Leal was owed unpaid overtime wages here.