Alvarado v. Corporate Cleaning Services, Inc.

Dist. Ct. did not err in finding that defendant-window washer service that catered to tall buildings was not required to pay plaintiffs-window washers overtime pay under Fair Labor Standards Act, where record showed that: (1) plaintiffs’ regular pay exceeded 1.5 times federal minimum wage; (2) more than half of plaintiffs’ compensation was in form of commissions where, among other things, defendants assigned and paid its workers pursuant to “point system;” and (3) defendant’s business qualified as retail or service establishment. Fact that plaintiffs worked irregular hours and days at various times of year that often included working more than 8 hours per day justified exemption from overtime pay requirement. Ct. rejected plaintiff’s argument that defendant did not qualify as retail or service establishment since, according to plaintiffs, defendant’s sale of its window-washer services lacked retail concept.