Morales

INTRODUCTION

Byron Jerry Morales sued his former employer, Factor Surfaces LLC (“Factor”), and its managing agent Gregory Factor (sometimes collectively referred to as appellants)1 for, among other things, unpaid overtime wages, meal and rest break compensation, statutory penalties for inaccurate wage statements, retaliation, and wrongful termination in violation of public policy. After a bench trial, the trial court entered judgment in favor of Morales in the amount of $99,394.16, which included $42,792.00 in unpaid overtime wages. Factor’s sole contention on appeal is that the trial court erred in calculating Morales’s regular rate of pay for purposes of determining the amounts owed to Morales for unpaid overtime. For the reasons discussed below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Morales accepted a full-time position at Factor, a tile and flooring store, in 2016. His duties included cleaning the warehouse, accepting shipments, making deliveries to job site locations, picking up tile from distributors, and assisting customers in selection of tile. Morales’s regular hours were Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturdays from 9:00 a.m. to 5:00 p.m.…