Legal Opinion

Cleveland v. City of Elmendorf

Court of Appeals for the Fifth Circuit

Decided October 18, 2004No. 04-50103PublishedCited by 22 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Four police officers, formerly employed by the City of Elmendorf, contend that they are owed overtime pay under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq. The City asserts an exemption from the overtime provisions of the FLSA because it employs less than five police employees during any given workweek. 29 U.S.C. § 213(b)(20). The City pays three officers (a police chief and two part-time officers), but the remainder of the police force is comprised of officers commonly referred to as “non-paid regulars”. Whether the four plaintiffs, who were…

2Cases cited12 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Rutherford Food Corp. v. McCombSupreme Court of the United States · 1947
  3. Tony and Susan Alamo Foundation v. Secretary of LaborSupreme Court of the United States · 1985
  4. Sabine Pilot Service, Inc. v. HauckTexas Supreme Court · 1985
  5. Manning v. Chevron Chemical Co., LLCCourt of Appeals for the Fifth Circuit · 2003

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3Cited by22 opinions

  1. Marc Veasey v. Greg AbbottCourt of Appeals for the Fifth Circuit · 2016
  2. Purdham v. Fairfax County School BoardCourt of Appeals for the Fourth Circuit · 2011
  3. Brown v. New York City Department of EducationCourt of Appeals for the Second Circuit · 2014
  4. Hesseltine v. Goodyear Tire & Rubber Co.District Court, E.D. Texas · 2005
  5. Stephen Allen, Jr. v. Entergy Louisiana, L.Court of Appeals for the Fifth Circuit · 2017

17 more not listed; retrieve them via the Exa API.

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