Chao

MEMORANDUM *

The Secretary of Labor was granted summary judgment in her action against Casting, Acting, and Security Talent, Inc. and its principal George Chavez (collectively, “CAST”) for failure to pay its employees overtime wages. Because the parties are familiar with the facts, we recount them only as necessary. We affirm.

The Fair Labor Standards Act (“FLSA”) requires that any “enterprise engaged in commerce or in the production of goods for commerce” shall not employ any of its employees “for a workweek longer than forty hours unless such employee receives compensation ... at a rate not less than one and one-half times” his or her regular wage rate. FLSA § 7(a)(1); 29 U.S.C. § 207 (a)(1). “If the employee is employed solely on the basis of a single hourly rate, the hourly rate is his ‘regular rate.’ ” 29 C.F.R. § 778.110 (a).

CAST’s employees generally worked standard film-industry shifts of twelve hours in providing security services on film sets. Yet regardless of the number of hours worked per day or per week, CAST paid any given employee the same amount per hour for any given job. It purported to characterize that actual pay rate as an “average” hourly rate, which…