Cremeens v. City of Montgomery

WILSON, Circuit Judge:

The Appellants, fire investigators for the City of Montgomery’s fire department, appeal the dismissal via summary judgment of their collective action seeking overtime pay from the city. Their appeal raises the question of the continuing validity of the Department of Labor’s dual assignment regulation, which addresses overtime for firefighters who perform law enforcement duties. We conclude that the regulation remains valid. Therefore, we reverse the judgment of the district court.

I

Plaintiff Gary Cremeens, like his fellow plaintiffs, worked as a firefighter before…