Overnight Motor Transportation Co. v. Missel

In Overnight Motor Transportation Co. v. Missel, 316 U.S. 572, 579-80, 62 S. Ct. 1216, 86 L. Ed. 1682 (1942), an employee worked irregular hours for a fixed weekly wage and "brought a statutory action to recover alleged unpaid overtime compensation" under the Fair Labor Standards Act of 1938. Id. at 574. The United States Supreme Court stated: No problem is presented in assimilating the computation of overtime for employees under contract for a fixed weekly wage for regular contract hours which are the actual hours worked, to similar computations for employees on hourly rates. Where the employment contract is for a weekly wage with variable or fluctuating hours the same method of computation produces the regular rate for each week. As that rate is on an hourly basis, it is regular in the statutory sense, inasmuch as the rate per hour does not vary for the entire week, though week by week the regular rate varies with the number of hours worked. Id. at 580.