U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number

Oral Argument Date

October 20, 2014


Case Updates

Appeal withdrawn

November 30, 2016

The appeal was withdrawn pursuant to FRAP 42.

Second Circuit imposes stay

February 13, 2015

The case is stayed, due to Radioshack Corporation's filing for bankruptcy with the United States Bankruptcy Court for the District of Delaware.

U.S. Chamber asks Second Circuit to affirm district court’s interpretation of the overtime provision of Fair Labor Standards Act

June 20, 2014

In a coalition brief the U.S. Chamber asked the Second Circuit to affirm the judgment of the district court and hold that paying bonuses is compatible with paying a fixed salary for variable hours and is therefore allowed by the Fair Labor Standards Act (“FLSA”). The Chamber argues that the Court should not resort to distinguishing “hours-based” bonuses from “performance-based” bonuses in order to uphold RadioShack’s compensation program. Quite simply, the FLSA does not impose any restrictions on the payment of “hours-based” or “performance-based” bonuses to employees who are also paid a fixed salary for variable hours.

Tammy D. McCutchen, Robert W. Pritchard, and Daniel L. Thieme of Littler Mendelson P.C. represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center in this case.

Case Documents