# Alexis M. Herman, Secretary of Labor, United States Department of Labor v. Fabri-Centers of America, Inc.

> Court of Appeals for the Sixth Circuit · October 17, 2002 · 308 F.3d 580

URL: https://www.frixlaw.com/law-library/cases/9495478

## Case

- **Full name:** Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. FABRI-CENTERS OF AMERICA, INC., Defendant-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** October 17, 2002
- **Citations:** 308 F.3d 580; 8 Wage & Hour Cas.2d (BNA) 225; 2002 U.S. App. LEXIS 21632; 2002 WL 31317943
- **Precedential status:** Published
- **Opinion:** Concurrence by Williams
- **Judges:** Siler, Clay, Williams
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9495478

## How later opinions describe it (automated extraction)

- explaining that Congress "considered it unfair to require the inclusion of contractual premiums not required by the Act in the [regular rate], thereby making the employer pay `overtime on overtime'" and "fair to employers to give them a credit for certain contractual premiums …
- noting that the FLSA requires that overtime payments be timely made

## Opinion text

WILLIAMS, Senior District Judge,
concurring.
I concur in the result set forth in Judge Clay’s opinion. I write separately to say that I believe that this opinion correctly follows the rules of statutory interpretation. Also, I agree with the opinion of the Seventh Circuit in Howard v. City of Springfield, 274 F.3d 1141 (7th Cir.2001). I am of the opinion that the fourth, fifth and sixth paragraphs of the Substantive History section of this opinion have no application in this case and, at most, are dictum, in which I do not concur.
With regard to Judge Siler’s dissenting opinion, his position has merit. However, if the law is to be corrected it should be done so by Congress or the administrative agency and not by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9495478. Public record. Not legal advice.