Donald Blackmon & Richard Glen Deyoung v. Brookshire Grocery Co., 835 F.2d 1135 (5th Cir. 1988). · Go Syfert
Donald Blackmon & Richard Glen Deyoung v. Brookshire Grocery Co., 835 F.2d 1135 (5th Cir. 1988). Cases Citing This Book View Copy Cite
110 citation events (88 in the last 25 years) across 26 distinct courts.
Strongest positive: White v. U.S. Corrections (ca5, 2021-05-03)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
cited Cited as authority (rule) White v. U.S. Corrections
5th Cir. · 2021 · confidence medium
Dalheim v. KDFW- TV, 918 F.2d 1220, 1224 (5th Cir. 1990) (alteration in original) (quoting Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 1988)); accord Aston v. Glob.
discussed Cited as authority (rule) Rodrigo Tarango v. Chemix Energy Services, LLC
W.D. Tex. · 2021 · confidence medium
When the employer and employee have agreed on a fixed salary for varying hours, the correct method of calculating overtime premiums is “dividing the actual hours worked each week into the fixed salary,” which “results in a determination of the regular rate of pay” for that workweek, and the “overtime payment for that week is then determined by multiplying all hours over 40 in the workweek by ½ the regular rate for that workweek.” Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir. 1988).
cited Cited as authority (rule) Barnett v. Louisiana Department of Health
M.D. La. · 2020 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988).
examined Cited as authority (rule) Hobbs v. EVO Incorporated (3×) also: Cited "see"
S.D. Tex. · 2020 · confidence medium
In support of their argument, Defendant’s cite to the Fifth Circuit’s decision in Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (Sth Cir. 1988), where the court held that “when the employer and employee have agreed on a fixed salary for varying hours[,] . . . [t]he correct method [of retroactively computing a misclassified employee’s overtime premiums] for that week is... determined by multiplying all hours over 40 in the workweek by 1/2 the regular rate for that workweek.” See id. (citing 29 C.F.R. § 778.114 (a) & 29 C.F.R. § 778.109 ).
cited Cited as authority (rule) Pye v. Oil States Energy Services, LLC
W.D. Tex. · 2017 · confidence medium
See also Vela v. City of Houston, 276 F.3d 659, 666 (5th Cir. 2001); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 1988). .
cited Cited as authority (rule) Boyce v. Independent Brewers United Corp.
N.D. Cal. · 2016 · confidence medium
Inc., 173 F.3d 35, 38-40 (1st Cir. 1999); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir. 1988).
discussed Cited as authority (rule) Burris v. Dresser-Rand Co.
N.D. Okla. · 2016 · confidence medium
Since Urnikis-Negro, the Fourth Circuit has adopted the Overnight Motor approach, Desmond, 630 F.3d at 354-357 ; the Fifth Circuit has altered its stated authority for applying the FWW method from § 778.114 to Overnight Motor, compare Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir. 1988), with Ransom, 734 F.3d at 384-86 ; and the Eleventh Circuit has strongly indicated it agrees with Urnikis-Negro’s central holding, Lamonica, 711 F.3d at 1310-11.
cited Cited as authority (rule) Banford v. Entergy Nuclear Operations, Inc.
2d Cir. · 2016 · confidence medium
Inc., 173 F.3d 35, 38-40 (1st Cir.1999) (same), and Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988) (same), with Ransom v. M.
cited Cited as authority (rule) Clark v. Centene Co. of Texas
W.D. Tex. · 2015 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988).
discussed Cited as authority (rule) Clark v. Shop24 Global, LLC
S.D. Ohio · 2015 · confidence medium
See Clements v. Serco, Inc., 530 F.3d 1224, 1230-31 (10th Cir.2008); Valerio v. Putnam Assocs., 173 F.3d 35, 39-40 (1st Cir.1999); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988).
cited Cited as authority (rule) Herster v. Board of Supervisors of Louisiana State University
M.D. La. · 2014 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988).
examined Cited as authority (rule) Gomez v. Crescent Services, LLC (3×) also: Cited "see", Cited "see, e.g."
S.D. Tex. · 2014 · confidence medium
Defendant is correct that both of these cases state that in situations where the salary fails to compensate the employee at minimum wage, “ ‘minimum wage must be paid and that minimum serves as the regular rate of pay for purposes of computing overtime payments.’ ” Ransom, 734 F.3d at 386 (quoting Blackmon, 835 F.2d at 1138, n. 1 ).
discussed Cited as authority (rule) Abigail Ransom v. M. Patel Enterprises, Inc (2×) also: Cited "see, e.g."
5th Cir. · 2013 · confidence medium
Then, “[t]he overtime payment for that week is [] determined by multiplying all hours over 40 in the workweek by % the regular rate for that workweek.” Id. at 1139 (emphasis added).
discussed Cited as authority (rule) Brantley v. INSPECTORATE AMERICA CORP. (2×)
S.D. Tex. · 2011 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988); Yadav, 538 F.2d at 1206 .
cited Cited as authority (rule) Clark v. City of Fort Worth
N.D. Tex. · 2011 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (internal citation omitted).
discussed Cited as authority (rule) Brown v. NC DEPT. OF ENVIRONMENT
N.C. Ct. App. · 2011 · confidence medium
The decision "whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard...." Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (quoting Cobb v. Finest Foods, Inc., 755 F.2d 1148 (5th Cir.1985), and quoted in Dalheim, infra).
discussed Cited as authority (rule) Brown v. North Carolina Department of Environment & Natural Resources
N.C. Ct. App. · 2011 · confidence medium
The decision “whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard....” Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (quoting Cobb v. Finest Foods, Inc., 755 F.2d 1148 (5th Cir.1985), and quoted in Dalheim, infra).
discussed Cited as authority (rule) Gellhaus v. Wal-Mart Stores, Inc.
E.D. Tex. · 2011 · confidence medium
The terms “executive,” “administrative,” and “professional” were defined “by setting out ‘long’ tests for employees earning more than $155 per week but less than $250 per week, and ‘short’ tests for employees earning more than $250 per week.” Lott, 203 F.3d at 331 (citing Dalheim, 918 F.2d at 1224 ); accord Heidtman v. Cnty. of El Paso, 171 F.3d 1038, 1041 (5th Cir.1999); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988); see 29 C.F.R. §§ 541.1 -.3 (2003).
discussed Cited as authority (rule) Urnikis-Negro v. American Family Property Services
7th Cir. · 2010 · confidence medium
See Clements v. Serco, Inc., 530 F.3d 1224, 1230-31 (10th Cir.2008); Valerio v. Putnam Assocs., supra, 173 F.3d at 39-40 ; Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988); see also, e.g., Desmond v. PNGI Charles Town Gaming, LLC, supra, 661 F.Supp.2d at 578-85 ; Torres v. Bacardi Global Brands Promotions, Inc., 482 F.Supp.2d 1379, 1380-82 (S.D.Fla.2007); Perez v. RadioShack Corp., No. 02 C 7884, 11 Wage & Hour Cas.2d (BNA) 163 , 2005 WL 3750320 , at *6-*8 (N.D.Ill.Dec.14, 2005); Tumulty v. FedEx Ground Package Sys., Inc., No. C04-1425P, 2005 WL 1979104 , at *4-*5 (W.D…
cited Cited as authority (rule) Noble v. Dolgencorp, Inc.
S.D. Miss. · 2010 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988).
cited Cited as authority (rule) Monahan v. EMERALD PERFORMANCE MATERIALS, LLC
W.D. Wash. · 2010 · confidence medium
Inc., 173 F.3d 35, 39-40 (1st Cir.1999); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988).
discussed Cited as authority (rule) Russell v. Wells Fargo and Co. (2×) also: Cited "see"
N.D. Cal. · 2009 · confidence medium
In Blackmon v. Brookshire Grocery Company, the Fifth Circuit applied the FWW method in a misclassification case. 835 F.2d 1135, 1138 (5th Cir.1988).
discussed Cited as authority (rule) Fenton v. Farmers Insurance Exchange
D. Minnesota · 2009 · confidence medium
See Clements v. Serco, Inc., 530 F.3d 1224, 1230-31 (10th Cir.2008) (concluding that § 778.114 merely requires that the parties had clear understanding that employees would be paid a fixed salary for all hours worked, even if the employer improperly neglected to explain their right to overtime); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988).
discussed Cited as authority (rule) Desmond v. PNGI Charles Town Gaming, LLC (2×)
N.D.W. Va. · 2009 · confidence medium
One line of authority, exemplified by the decision of the 5th U.S. Circuit Court of Appeals in Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988), treats the employee’s salary as earned during all hours worked in the workweek.
discussed Cited as authority (rule) Cheatham v. Allstate Ins Co
5th Cir. · 2006 · confidence medium
“The decision ‘whether an employee is exempt under the [FLSA] is primarily a question of fact which must be reviewed under the clearly erroneous standard . . . .’” Smith v. City of Jackson, Miss., 954 F.2d 296, 298 (5th Cir. 1992) (quoting Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 1988)).
discussed Cited as authority (rule) Cheatham v. Allstate Insurance
5th Cir. · 2006 · confidence medium
“The decision ‘whether an employee is exempt under the [FLSA] is primarily a question of fact which must be reviewed under the clearly erroneous standard ....”’ Smith v. City of Jackson, Miss., 954 F.2d 296, 298 (5th Cir.1992) (quoting Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988)).
cited Cited as authority (rule) Roberts v. National Autotech, Inc.
N.D. Tex. · 2002 · confidence medium
Id. at 1231 (citations omitted). 24 . 835 F.2d 1135, 1137-38 (5th Cir.1988). 25 . 131 F.Supp.2d 862, 866-67 (N.D.Tex.2001) (Lindsay, J.). 26 . 203 F.3d 326, 331-32 (5th Cir.2000). 27 .
discussed Cited as authority (rule) Vela v. City of Houston
5th Cir. · 2002 · confidence medium
We construe exemptions from the FLSA narrowly, see Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 10 See supra note 3 for the text of 29 U.S.C. § 207 (a)(1). 11 See supra note 5 for the text of 29 U.S.C. § 207 (k). 12 See supra note 6 for the text of 29 C.F.R. § 553.201 (a). 9 1988), and the employer has the burden to prove that the employee is exempt from the FLSA general rule, see Heidtman v. County of El Paso, 171 F.3d 1038, 1042 (5th Cir. 1999).
discussed Cited as authority (rule) Vela v. City of Houston
5th Cir. · 2001 · confidence medium
We construe exemptions from the FLSA narrowly, see Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 1988), and the employer has the burden to prove that the employee is exempt from the FLSA general rule, see Heidtman v. County of El Paso, 171 F.3d 1038, 1042 (5th Cir.1999).
discussed Cited as authority (rule) Juan E. Vela, Phillip E. Daley Tiera Angelle Leger Richard Wayne Medeiros Clint Hendrix, - - and Calvin Thames, Intervenor Calvin Thames, Intervenor Plaintiffs v. The City of Houston, - - Philip E Daley Tiera Angelle Leger Richard Wayne Medeiros Clint Hendrix v. City of Houston
5th Cir. · 2001 · confidence medium
We construe exemptions from the FLSA narrowly, see Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir. 1988), and the employer has the burden to prove that the employee is exempt from the FLSA general rule, see Heidtman v. County of El Paso, 171 F.3d 1038, 1042 (5th Cir. 1999). 11 In this part of the opinion, we look first to the question whether the Daley Plaintiffs fall within the § 207(k) exemption as it existed at the time their claims accrued.
discussed Cited as authority (rule) Allen v. Webster Parish
5th Cir. · 2001 · confidence medium
Rule 36 provides for deemed admissions as a sanction for untimely responses to requests for admissions. 3 See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir. 1988); Yadav v. Coleman Oldsmobile, Inc., 538 F.2d 1206, 1207-08 (5th Cir. 1976).
cited Cited as authority (rule) Hillier v. Minas
Miss. Ct. App. · 2000 · confidence medium
See also Dalheim v. KDFW-T.V., 918 F.2d 1220, 1224 (5th Cir.1990); Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988).
discussed Cited as authority (rule) Lott v. Howard Wilson Chrysler-Plymouth, Inc.
5th Cir. · 2000 · confidence medium
Smith v. City of Jackson, Mississippi, 954 F.2d 296, 298 (5th Cir.1992) (citing Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th *331 Cir.1988) (quoting Cobb v. Finest Foods, Inc., 755 F.2d 1148 (5th Cir.1985))).
cited Cited as authority (rule) Heidtman v. County of El Paso
5th Cir. · 1999 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988).
discussed Cited as authority (rule) L & F DISTRIBUTORS v. Cruz (2×)
Tex. App. · 1997 · confidence medium
In light of these facts, L & F argues that any award of compensation for unpaid overtime must be calculated by using the formula applied in Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988).
cited Cited as authority (rule) Karr v. City of Beaumont, Tex.
E.D. Tex. · 1997 · confidence medium
"Exemptions from the FLSA are to be construed narrowly against the employer____” Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (citations omitted).
discussed Cited as authority (rule) Charles E. Smith v. The City of Jackson, Mississippi
5th Cir. · 1992 · confidence medium
The decision “whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard_” Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (quoting Cobb v. Finest Foods, Inc., 755 F.2d 1148 (5th Cir.1985), and quoted in Dal-heim, infra).
discussed Cited as authority (rule) Terry W. Cox, Cross-Appellee v. Brookshire Grocery Company, Cross-Appellant
5th Cir. · 1990 · confidence medium
To re-examine the Jiffy June test would be an exercise in futility; McLaughlin squarely batted Jiffy June from a plaintiffs reach; and we have more than once stated that “the Jiffy June test is no longer the law of this circuit.” Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988); see also Halferty v. Pulse Drug Co., 826 F.2d 2 (5th Cir.1987); Peters v. City of Shreveport, 818 F.2d 1148 (5th Cir.1987).
discussed Cited as authority (rule) Edward W. Dalheim v. Kdfw-Tv
5th Cir. · 1990 · confidence medium
Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (quoting Cobb v. Finest Foods, Inc., 755 F.2d 1148, 1150 (5th Cir.1985)); accord, Icicle Seafoods Inc. v. Worthington, 475 U.S. 709, 713-14 , 106 S.Ct. 1527, 1529-30 , 89 L.Ed.2d 739 (1986); Walling v. General Industries Co., 330 U.S. 545, 550 , 67 S.Ct. 883, 885 , 91 L.Ed. 1088 (1947). 24 .
cited Cited "see" Roche v. S-3 Pump Service, Inc.
W.D. Tex. · 2016 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988).
examined Cited "see" Betty Black v. SettlePou, P.C. (4×) also: Cited "see, e.g."
5th Cir. · 2013 · signal: see · confidence high
See Blackmon, 835 F.2d at 1138–39 (holding that the FWW method of overtime calculation is appropriate “when the employer and the employee have agreed on a fixed salary for varying hours”); see also Ransom, 2013 WL 4402983, at *6 (“FWW is the proper method of calculating overtime when an employee . . .[is] paid a weekly wage and [is] expected to work fluctuating hours.”).
discussed Cited "see" In Re Texas EZPawn Fair Labor Standards Act Litigation (2×) also: Cited "see, e.g."
W.D. Tex. · 2008 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir.1988).
discussed Cited "see" Cash v. Conn Appliances, Inc. (2×) also: Cited "see, e.g."
E.D. Tex. · 1997 · signal: see · confidence high
See Blackmon, 835 F.2d at 1138 . 35 .
discussed Cited "see" Reich v. Waldbaum, Inc.
S.D.N.Y. · 1993 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988) (using standard that would be adopted in Richland Shoe, court found trial court’s finding of good *1047 faith negated suggestion of recklessness, thereby requiring a two year limitation period).
cited Cited "see" Aviles v. Kunkle
S.D. Tex. · 1991 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1137 (5th Cir.1988).
discussed Cited "see" Maria Mireles, Cross-Appellees v. Frio Foods, Inc., Cross-Appellant
5th Cir. · 1990 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138 (5th Cir. 1988); Halferty v. Pulse Drug Co., 826 F.2d 2, 3-4 (5th Cir.1987); Peters v. City of Shreveport, 818 F.2d 1148, 1167-68 (5th Cir.1987), cert. dismissed, 485 U.S. 930 , 108 S.Ct. 1101 -02, 99 L.Ed.2d 264 (1988).
discussed Cited "see" Knight v. Morris
W.D. Va. · 1988 · signal: see · confidence high
See Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988), (interpreting § 778.114(a) and using one-half regular rate as the basis for overtime compensation); LaForte v. Horner, 833 F.2d 977 (Fed.Cir.1987) (claims for overtime compensation by firemen limited to one-half regular rate). 5 .
discussed Cited "see, e.g." Zoltek v. Safelite Glass Corp.
N.D. Ill. · 1995 · signal: see also · confidence medium
Martin v. Tango’s Restaurant, Inc., 969 F.2d 1319, 1324 (1st Cir.1992); see 29 C.F.R. § 778.114 ; see also Blackmon v. Brookshire Grocery Co., 835 F.2d 1135, 1138-39 (5th Cir.1988); Martin v. David T.
Retrieving the full opinion text from the archive…
Donald BLACKMON and Richard Glen DeYoung, Plaintiffs-Appellees,
v.
BROOKSHIRE GROCERY COMPANY, Defendant-Appellant
86-2904.
Court of Appeals for the Fifth Circuit.
Jan 22, 1988.
835 F.2d 1135
Stephen W. Smith, Robert S. Bambace, Fulbright & Jaworski, Houston, Tex., for defendant-appellant., Jackie Cox, R. Daryll Bennett, Longview, Tex., for plaintiffs-appellees.
Brown, Politz, Jolly.
Cited by 63 opinions  |  Published
POLITZ, Circuit Judge:

Donald Blackmon and Richard Glen DeY-oung, meat market managers in stores owned by Brookshire Grocery Company, invoked the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201-219, against their employer, seeking overtime wages. Following a bench trial, the district court found Blackmon and DeYoung to be non-exempt employees entitled to overtime wages for all hours worked over 40 in any workweek. The court further found Brookshire to be in good faith and denied liquidated damages. Back wages were allowed for a three-year period and attorney’s fees were awarded. Brookshire appeals. We affirm in part, vacate in part, and remand for recomputation of the overtime premium due, and entry of an appropriate judgment.

[*1137] Background

DeYoung became a meat market manager for Brookshire in 1980. Blackmon joined that select group in 1982. They were promoted with the understanding that they would be paid a fixed weekly salary, and would work whatever number of hours were required to get the job done. Each was aware that the fixed weekly compensation would not fluctuate with the hours worked.

Prior to their promotion each was a journeyman meatcutter, a craft-level reached after successful completion of the required apprenticeship. With the new positions came new obligations requiring additional talents and efforts. They could no longer devote all of their time to the practice of their meatcutting craft, for they then had certain management-related responsibilities.

As meat market managers each was responsible for ordering and merchandising the product, maintaining product quality and cleanliness in the meat market area, evaluating applicants for employment in the meat market, orienting, monitoring, and counseling new employees, and scheduling work times and assignments. For both, however, the principal duty remained the preparation of the product for sale. That duty encompassed everything from unloading trucks to cutting, wrapping, displaying, and rotating the meat; all being routine, journeyman meatcutter tasks.

Dissatisfied with the irregular but consistently long hours, they first sought the assistance of the Department of Labor and then filed the instant suit, seeking overtime compensation, liquidated damages, and attorney’s fees. Brookshire maintains on appeal that Blackmon and DeYoung were exempt as either executive or administrative employees and, in any event, that the district court erred in determining the period of payment and the computation methodology.

Analysis

Brookshire’s challenge to the district court’s factual findings relative to work tasks and responsibilities founders unless it can demonstrate that those findings are clearly erroneous. Fed.R.Civ.P. 52(a). The “determination as to whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard ...” Cobb v. Finest Foods, Inc., 755 F.2d 1148, 1150 (5th Cir.1985). An appellate court may reverse such findings only when “a review of the entire evidence leaves us with ‘the definite and firm conviction that a mistake has been committed.’” Id., quoting United States v. United States Gypsum Co., 333 U.S. 364, 397, 68 S.Ct. 525, 543, 92 L.Ed. 746 (1948).

Exemptions from the FLSA are to be construed narrowly against the employer, Mitchell v. Kentucky Finance Co., 359 U.S. 290, 79 S.Ct. 756, 3 L.Ed.2d 815 (1959), who carries the burden of proof to establish the exemption. See Idaho Sheet Metal Works v. Wirtz, 383 U.S. 190, 86 S.Ct. 737, 15 L.Ed.2d 694 (1966).

There are two tests for determining whether a person qualifies as an exempt executive, the long test, 29 C.F.R. § 541.1, and the short test, 29 C.F.R. § 541.119. The long test requires that the employee be principally engaged in management, direct the work of two or more employees, have authority to hire and fire, regularly exercise discretionary powers, be paid at least $155 per week, and not devote more than 40% of the workweek to activities not closely or directly related to management. The short test qualifies an employee as an executive if the employee is not a mechanic, carpenter, or other craftsman, and earns more than $250 per week.

The district court found that Blackmon and DeYoung were not exempt under the long test because their primary job was cutting meat, not managing the market, and they spent more than two-thirds of each workweek in non-management activities. The court found that the short test afforded Brookshire no surcease because Blackmon and DeYoung were craftsmen regularly and routinely practicing their meatcutting craft. These findings by the trial court are supported by substantial evidence[*1138] and thus are not clearly erroneous. These findings control the disposition of this appeal.

Brookshire also advances the claim that Blackmon and DeYoung were exempt as administrative employees. 29 C.F.R. § 541.2. That exemption requires that the employee’s primary duty be “[t]he performance of office or nonmanual work directly related to management,” 29 C.F.R. § 541.2(a)(1). The district court’s factual finding that the plaintiffs’ principal duty was cutting meat and that they devoted more than 40% of each workweek to nonadministrative tasks negates this contention. 29 C.F.R. § 541.2(d); 29 C.F.R. § 541.214.

The record sufficiently supports the district court’s finding that Blackmon and DeYoung were non-exempt employees and, as such, entitled to overtime compensation under Section 7 of the FLSA, 29 U.S.C. § 207. We affirm that portion of its judgment. However, an intervening decision of this court, Peters v. City of Shreveport, infra, changes the standard for determining the period of time for which overtime compensation may be awarded. In addition, the district court erred in its method of computing the weekly premium due. We, therefore, vacate that part of the judgment and remand for recomputation and entry of an appropriate judgment, consistent with the following.

Limitations Period

The statute of limitations governing recovery of due but unpaid wages is 29 U.S.C. § 255 which provides in pertinent part that:

every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued. ...

The district court applied the three-year period, despite finding that Brookshire acted in good faith, because Brookshire’s conduct constituted a willful violation as defined in Coleman v. Jiffy June Farms, Inc., 458 F.2d 1139 (5th Cir.1972), and progeny. The Jiffy June test, however, is no longer the law of this circuit.

In Peters v. City of Shreveport, 818 F.2d 1148 (5th Cir.1987), we noted that the decision in Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 105 S.Ct. 613, 83 L.Ed. 2d 523 (1985), overturned our construction of willful under the FLSA. After citing our earlier decision in Salazar-Calderon v. Presidio Valley Farmers Assoc., 765 F.2d 1334 (5th Cir.1985), the Peters court held that “Thurston’s rejection of Jiffy June’s ‘in the picture’ standard as too broad an interpretation of the word ‘willful’ in the ADEA argues strongly that ‘willful’ should receive a similar interpretation in the FLSA.” 818 F.2d at 1168. The test to be applied is the Thurston “reckless disregard” standard. Halferty v. Pulse Drug Co., 826 F.2d 2 (5th Cir.1987); Peters.

The trial court’s finding that Brookshire acted in good faith negates any suggestion that Brookshire acted in reckless disregard of the rights of Blackmon and DeYoung. The appropriate period of limitations, therefore, is two years.

Method of Computing Overtime

The trial court incorrectly computed the weekly overtime premium. The court divided the weekly salary by 40 hours, multiplied that result by 1.5, and then multiplied again by the number of hours worked over 40 in the fluctuating workweeks. That method is inappropriate when the employer and employee have agreed on a fixed salary for varying hours. 29 C.F.R. § 778.114(a), [1] 29 C.F.R. § 778.109.

The correct method calls for dividing the actual hours worked each workweek into the fixed salary. This results in a determination of the regular rate of pay, Section 6[*1139] compensation, for that workweek. The overtime payment for that week is then determined by multiplying all hours over 40 in the workweek by V2 the regular rate for that workweek. The amount due each plaintiff will be the sum total of each workweek’s overtime during the two-year period of limitations.

For these reasons, the judgment of the district court is AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent herewith.

1

. This section is inapplicable if dividing the number of hours actually worked into the fixed salary results in an hourly rate below the minimum established by Section 6 of the Act, 29 U.S.C. § 206. In such an instance, the minimum wage must be paid and that minimum serves as the regular rate of pay for purposes of computing overtime payments.