Legal Opinion
Carroll A. Stanley James O. Hanson Timothy T. Heskett Mark H. Wanta James Rogers Kevin E. Vierra Roberta A. Mulkins v. City of Tracy
Court of Appeals for the Ninth Circuit
Decided July 16, 1997No. 95-16242, 95-17301PublishedCited by 24 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge:
Plaintiff-Appellees are employees of the City of Tracy police department who sued the City for overtime pay under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The City contended that Plaintiffs fell within the FLSA’s exemption for executive and administrative employees. See 29 U.S.C. § 213(a)(1). The primary issue at trial and on appeal is whether, during the .relevant period, Plaintiffs were paid “on a salary basis” under the test codified at 29 C.F.R. § 541.118(a).
After a bench trial, the district court granted judgment for Plaintiffs and awarded back…
2Cases cited10 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Abshire v. County of KernCourt of Appeals for the Ninth Circuit · 1990
- Janet Klein v. Rush-Presbyterian-St. Luke's Medical CenterCourt of Appeals for the Seventh Circuit · 1993
- John J. Kinney, Jr. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Block v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
- William Russell Aiken v. City of Memphis, TennesseeCourt of Appeals for the Sixth Circuit · 1999
- Dennis Digiore, Robert Dufkis, Ken Easterly, Joe Gabuzzi, William E. Johns v. George H. Ryan, Giacomo A. Pecoraro, and Tina ProseCourt of Appeals for the Seventh Circuit · 1999
- West v. Anne Arundel CountyCourt of Appeals for the Fourth Circuit · 1998
- Kenneth A. Takacs v. Hahn Automotive Corporation, Doing Business as Autoworks, Inc.Court of Appeals for the Sixth Circuit · 2001
19 more not listed; retrieve them via the Exa API.